Indian Penal Code, 1860 (XLV of 1860) -  Alibi - Ocular testimony of eye witness  - 3 injured eye witnesses have deposed in the present case - It is a case of day light incident - Injuries on the person of said eye witnesses have been corroborated by other witnesses  - Ocular testimony of eye witnesses cannot be discarded lightly - Once the prosecution has discharged its burden, the burden to prove that accused was not present with other accused at the place of incident and had gone elsewhere, lies on him - Injured eye witnesses have assigned specific role as to how he assaulted S who suffered ante mortem injuries which gets corroborated from the autopsy report - Defence plea of accused  - There is no cavil over the fact that accused was posted as Lab Assistant with the Senior Secondary School -  It is proved on the record that in the proceedings under Section 107/151 of Cr.PC before Executive Magistrate, he was to be present in said case on 17.02.1995 - His presence and role is narrated in detail by the injured eye witnesses -  In view of his role in the incident narrated by the eye witnesses, it is hard to believe that after moving application on 16.02.1995 for casual leave for 17.02.1995, accused attended the school next day in the first half and sought half day leave thereafter -  The attendance register was not seized immediately after the incident -  His plea of alibi is vacillating - Accused has taken false plea of alibi. (2016)3 P.L.R. SC 967

Indian Penal Code, 1860 (XLV of 1860) - Alleged delay in forwarding the F.I.R to the Magistrate - There was no material on record to show or suggest that the F.I.R was tampered or it was fabricated at a later date by antedating it or the delay in sending the F.I.R or the delay in placing it before SDJM by the Sub Inspector of Police or the delay in signing the F.I.R by SDJM was so very vital to doubt the case of the prosecution. (2016)3 P.L.R. SC 108

Indian Penal Code, 1860 (XLV of 1860) - shall also be liable to fine  - Clause shall also be liable to fine, in the context of Indian Penal Code may be capable of being treated as directory and thus conferring on the court a discretion to impose sentence of fine also in addition to imprisonment although such discretion stands somewhat impaired as per the view taken by this Court in the case of Zunjarrao Bhikaji Nagarkar v. Union of India (1999) 7 SCC 409 - But clearly no minimum fine is prescribed for the offences under the IPC nor that Act was enacted with the special purpose of preventing economic offences as was the case in Chern Taong Shang v. S.D. Baijal (1988) 1 SCC 507  - Employees State Insurance Corporation Act, 1948,  Section 85(a)(i)(b), is an economic offence and therefore the Legislature has not only fixed a minimum term of imprisonment but also a fixed amount of fine of five thousand rupees under Section 85(a)(i)(b) of the Act. (2016)3 P.L.R. SC 520

 

Indian Penal Code, 1860 (XLV of 1860) Chapter IV -  Alibi -  The word alibi means "elsewhere" - Plea of alibi is not one of the General Exceptions contained in Chapter IV of IPC -  It is a rule of evidence recognized under Section 11 of the Evidence Act - However, plea of alibi taken by the defence is required to be proved only after prosecution has proved its case against the accused Evidence Act, Section 11.  (2016)3 P.L.R. SC 967