Article of
24 of qanon e shahahdat declares that a fact relevant to b relevant if is
inconsistent with the facts in issue n relevant fact, or it makes existence or
non existence of facts in issue highly probable or improbable.
there are two parts of article of 24
1 facts inconsistent with the facts in issue or relevant
facts.
2.it makes existence or non-existence of facts in issue highly
probable or improbable.
meaning of probable or improbable
probable.........likely to b happened
im probable..............not likely to b happened.
principle of this article
1.facts.........inconsistent...............facts in issue
facts relevant
2.facts..............make..............facts in issue or relevant
facts...........existence highly probable
existence highly improbable
illustration
the question is whether A committed a crime in Peshawar at a
certain day the fact that A was at Lahore at such time.
the fact that when crime was committed A was at distance.
object of article
the object of trial is to establish or disprove a
particularly claim or charge by evidence
Physically impossibilities.
the purpose is to show that physically impossibilities of commission
of act.
statement of wigmore
wigmore states that the arguments of alibi is not confined
to criminal act but also in civil cases.
what are the collateral facts
which by way of contradiction facts are inconsistent with
the facts in issue or relevant facts.
which makes existence or non existence of fact in issue
highly probable or improbable
admissibility of collateral facts
the article of 24 doesn’t admit of collateral facts which
have practically non connection with the main facts.
in collateral facts requirement of law to be fulfilled.
conclusive evidence
1stly collateral facts must itself be established by
reasonable conclusive evidence
reasonably presumption mater in dispute
2ndly when established it must afford a reasonable
presumption or an inference as to the matter in dispute.
example of collateral facts.
1.role of accused described in F I R
2 plea of alibi
3 dead body absconds is weakest corroborative evidence
4baptism certificate
5 pervious judgment
6missing entries in account.
plea of alibi.
meaning of plea of alibi
alibi is a Latin term which means elsewhere alibi is a claim
or piece of evidence.
an excuse
general defination of plea of alibi
the term alibi is used to explain that defence in criminqal
procecution where the partuy accused in order to prove that he could not have
committed the crime charged against him offer evidence that he was in a different
place at the time.
Who made the plea
Alibi is a plea by the person accused of an offence
that he was else where that having
regard to the time and palce when and where he is alleged to have committed
trhe offenc e he could not have been present.
Case law.
1.Dudhnathpanda v/s state of up
2.munshiparsad v/s
state of bihar
Important requirements should b there for palea of alibi
1.alibi sounds to be truth
2. highly suspicious
3.strict proof is required
4.satisfection of the court.
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