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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOCK TEST 1
created Nov 6th, 16:11 by Anamika Shrivastava
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As requested by learned counsel for the applicants, the permission to appear through counsel before the concerned trial court within a period of three weeks from today and move an application claiming discharge on behalf of whom this application under Section 482 Cr.P.C. has been moved, is granted. The concerned trial court shall after hearing the counsel decide the application on merits in accordance with law within a period which shall not exceed a period of two months from today. Further, it appears from the record including the relevant portion of the order impugned dated 17.08.2024, quoted above, that the I.O. during investigation recorded the statements of various persons including the injured namely Shyam Prakash Shukla and this injured witness has indicated the name of applicants. The Latin word 'Alibi' means 'elsewhere'. Plea of 'Alibi' is a rule of recognized in Section 11 of the Evidence Act. The plea of Alibi disputes the case of prosecution. Thus plea of 'Alibi' is question of fact. It is settled law that when an accused raises plea of 'Alibi', the burden is on accused to prove the same. A plea of 'Alibi' is a question of fact which is required to be proved by the accused at the stage of trial to show that he/ she was elsewhere and was falsely implicated and the accused is also required to prove the same by adducing appropriate evidence.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. The Latin word alibi means "elsewhere" and that word is used for convenience when an accused takes recourse to a defence line that when the occurrence took place he was so far away from the place of occurrence that it is extremely improbable that he would have participated in the crime. It is a basic law that in a criminal case, in which the accused is alleged to have inflicted physical injury to another personBut once the prosecution
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