Plea of Alibi & Inconsistent Facts
1. Plea of Alibi & Highly Probable Facts (Article 24)
- Meaning of Alibi: Derived from Latin, meaning "elsewhere." It is a plea of absence at the place of the offense.
- The Rule of Article 24: This article explains how an irrelevant fact becomes relevant under two conditions:
- 1. Art. 24(1) [Inconsistency]: If a fact is completely inconsistent with a fact
2. Art. 24(2) [Probability]: If a fact, by itself or with others, makes the existence or non-existence of a fact in issue highly probable or improbable.
- Application: The legal plea of Alibi is raised strictly in criminal cases as a defense to prove it was physically impossible for the accused to commit the crime.
2. Suits for Damages (Article 23)
- In suits where a party is claiming damages, any fact that helps or enables the Court to determine the amount of damages that ought to be awarded is a relevant fact.
3. Facts Showing State of Mind / Knowledge (Article 27)
- Facts that prove a person's knowledge or intention are relevant.
- Key Illustration: If A sues B for damages caused by B's dog, the fact that the dog had previously bitten others (X, Y, and Z) who had complained to B is a relevant fact because it proves B had prior knowledge of the dog's ferocious nature.