tag:blogger.com,1999:blog-15602189.post6104925773408751814..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Nithari verdict & the defence of alibiAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-15602189.post-41863130993695249932009-02-26T11:16:00.000+05:302009-02-26T11:16:00.000+05:30I am confused by the followin:"If the prosecution ...I am confused by the followin:<BR/><BR/>"If the prosecution has failed in discharging its burden of proving the commission of crime by the accused beyond any reasonable doubt, it may not be necessary to go into the question whether the accused has succeeded in proving the defence of alibi. Therefore, the Special Judge’s dismissal of Pandher’s defence of alibi – however clinching it might be – carries conviction"<BR/><BR/>I am unclear what you mean by "therefore" in the last sentence? Do you mean tht the situation envisaged in the previous sentence - that the prosecution failed to dischare its burden - was true? If the prosecution failed to do so, then irrespective of the plea of alibi, he cannot be convicted.<BR/><BR/>I agree that the mere plea of an alibi is insufficient - particularly in cases of conspircy. Perhaps you are suggesting that the plea of alibi was irrelevant in the case; as you might well not be at the place of the crime yet be guilty of conspiracy...<BR/><BR/>If that is what you mean, then it raises the bigger question of the legal knowledge of the CBI...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15602189.post-19848686941028145902009-02-25T06:14:00.000+05:302009-02-25T06:14:00.000+05:30Dilip, The CBI did not investigate the circumstant...Dilip, <BR/>The CBI did not investigate the circumstantial evidence against Pandher, because it accepted his plea of alibi whereas it is for the Court to accept or reject the plea of alibi at the time of trial depending on how convincing the accused's defence is. The CBI appears to have assumed the role of the Court during the investigation and prosecution. The Special Judge rightly rejected this contention - without going into the merits of the plea of alibi, because the CBI ignored the circumstantial evidence against Pandher.V.Venkatesanhttps://www.blogger.com/profile/08138846925562952785noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-7807786913912423832009-02-24T22:25:00.000+05:302009-02-24T22:25:00.000+05:30VV,I am confused. If Pandher's alibi was rejected ...VV,<BR/><BR/>I am confused. If Pandher's alibi was rejected because the prosecution failed to prove its case beyond reasonable doubt in the first place, does that still not mean that he ought to have been acquited?Dilip Raohttps://www.blogger.com/profile/18294894305584371011noreply@blogger.com