Plea of Alibi in Pakistan:
The claim made by the accused that he was not present at the place of offense and he was somewhere else is called the plea of alibi in Pakistan. Generally, it is the duty of the prosecution department to prove the guilt of the accused. The accused is under no obligation to prove his innocence but if the accused himself claims that he was not present at the time and place of the offense and he was somewhere else then the burden to prove this plea is also on the shoulder of the accused. It is the general rule that anyone who claims anything will have to prove it himself. If the accused takes the plea of alibi in Pakistan then the accused himself also has to prove this thing.
RULE OF PLEA OF ALIBI:
- ACCUSED HAS TO PROVE IT: This plea when it is taken by the accused then the accused himself has to prove his plea. Generally, the accused has the right to remain silent when he is charged with any offense and it is not his responsibility to prove his innocence. The prosecution department is under an obligation to prove the guilt of the accused. If the accused himself comes forward and wants to prove his innocence then it is the responsibility to prove whatever he says. If he has taken the plea of alibi in Pakistan then the rule of plea of alibi in Pakistan says that the accused also has to prove it.
- AT EARLY STAGE: The rule of a plea of alibi in Pakistan says that if the accused wants to take this plea then he has to take this plea in the early stages. It is not possible for the accused to take this plea at a later stage. When the accused takes this plea at a later stage then it will be difficult for the court and prosecution to believe his story. Whoever wants to take this plea will have to take it in a very early stage. When it is taken at a later stage then there is the possibility that the accused had made up this story.
- DISTANCE: If the accused takes the plea of alibi in Pakistan then he has to prove that he was at such a distance that it is not possible for any human being to be at that place at the time of the offense. For example, if a person is accused of having a forced court marriage in Lahore at 4 pm then if he takes a plea that he was in Karachi at 3 PM the plea makes sense but if he says that he was at home at 3 PM just at the distance of 5KM then the plea does not make sense.
- EVIDENCE: The accused when taking the plea of alibi in Pakistan should prove it with evidence also. It’s the accused who took this plea so the accused himself has to prove it.
For more information contact our expert lawyer in Lahore.
Read our other blogs on divorce procedure in Pakistan, Divorce certificates in Pakistan, and Khula procedure in Pakistan and online marriage in Pakistan.
