Alibi Can Be Considered At Quashing Stage Where Evidence Conclusively Rules Out Accused’s Presence At Crime Scene: SC Quashes Dowry Death Case Against BSF Personnel After 10 Years
In Rahul v. State of UP & Anr., SC held that there is no inflexible rule that a plea of alibi can be considered only during trial. Where the accused relies on unimpeachable and undisputed official documents conclusively establishing his absence from the place of occurrence, such material can be examined by High Court at the threshold while quashing the case.
The case arose from the death of Anshul @ Payal, who married Rahul, a BSF personnel, on April 21, 2014. On June 13, 2016, her father lodged an FIR alleging that Rahul and his family subjected her to cruelty and...
