Supreme Court · 2002 INSC 378 · Decided 11 September 2002
Jayantibhai Bhenkarbhai v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2002 INSC 378 · [2002] SUPP. 2 S.C.R. 255
- Case number
- CRIMINAL APPEAL No. 555/2001
- Decided
- 11 September 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 149, 147, 148, 452; Evidence Act Section 11
Headnote
Evidence Act, 1872: s. 11, J//ustration (a) ands. 103-Defence of alibi-Burden of proof- Nine persons prosecuted for offences interalia u/s. 3021149, lPC-Defence of alibi raised by one of them namely A-9-His plea not accepted-He along with eight others· convicted and sentenced by trial A B C of doubt-Appeal before Supreme Court by A-9 only, reiterating his plea of alibi-Held, an obligation is cast on the court to weigh in scales the evidence D adduced by the prosecution in proving the guilt of the accused and the evidence adduced by the accused in proving his defence of
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