#alibii

Introduction

Part I: Alibi — The Defense’s Shield

An alibi is a powerful legal defense strategy employed in criminal trials. At its core, it aims to provide evidence that the defendant was not present at the scene of the crime when it occurred. The term ‘Alibi’, as it is, is neither defined in the Indian Penal Code nor the Indian Evidence Act, 1872. It was recognized as a Rule of evidence under Section 11 of the Indian Evidence Act. Along with this, Section 103 of the Indian Evidence Act also deals with the Plea of Alibi. It states that “The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person.” Here are the key aspects of an alibi:

Absence at the Crime Scene: The fundamental premise of an alibi is that the defendant, at the time of the alleged criminal activity, was located elsewhere. This absence is crucial to create reasonable doubt in the minds of jurors or the presiding judge.

Establishing Reasonable Doubt: Alibis are introduced to raise doubts about the defendant’s culpability. By proving that the defendant could not have committed the crime due to their presence elsewhere, the defense aims to undermine the prosecution’s case.

Corroborative Evidence: Alibis often involve presenting corroborative evidence, such as witness testimonies, documents, or surveillance footage, to support the defendant’s claim of being at a different location during the alleged crime. This evidence bolsters the credibility of the alibi.

Burden of Proof: In most legal systems, the burden of proving an alibi falls on the defense. This means that the defense must provide convincing evidence to establish the alibi’s credibility.

Challenging the Alibi: The prosecution, in response, may challenge the alibi by presenting contradictory evidence or undermining the credibility of the alibi witnesses.

Part II: Witness — The Eyes and Ears of the Court

In contrast to an alibi, a witness is a person who provides firsthand knowledge or testimony related to an event or situation in a legal proceeding. Here comes a question, ‘who may testify?’ The same is defined efficiently under Section 118 of the Indian Evidence Act, which states that “All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.” Witnesses can be called by either the prosecution or the defense, and they serve various roles:

{I’ll use my trollsona, Alibii}

Almost kiss: Interest/Curiosity

No kiss: Indifference/I don’t know you

Kiss over the wrist: I think you are beautiful/I find you attractive

Kiss over the wrist: I think you are beautiful/I find you attractive

Kiss on the nose: You make me happy

Kiss on the lips: Romantic love/Attraction

Kiss over the heart: I am connected to you

Kiss over the wrist: I think you are beautiful/I find you attractive

Kiss over the back of the hand:Respect/Admiration/Reverence

Kiss on the palm of the hand: I am yours/I know you have me

Kiss on the knuckles: Protectiveness

Kiss on the fingertips: I care about you

Kiss on the stomach: Sexual attraction/Desire

Kiss on the knees: I want to support you

No | rather not | I dunno | I guess | Sure | Yes | FUCK yes | Oh god you don’t even know |

little emoticon of my trollsona