By way of present application, the applicant prayed for granting the opportunity to the Applicant to prove his innocence on the ground of alibi before High Court and also ask for cross examine/re-examine prosecution.
Learned Counsel for the applicant submitted that, there is sufficient material to show that the applicant was performing his duty on the day of incident. Further applicant could have established this defence if proper opportunity would have been granted at trial stage.
Learned APP submitted that, this application is nothing but afterthought theory raised by the applicant. Further submitted that, applicant would have raised the facts which were in the knowledge of the applicant during trial, hence raising this plea now is doubtful.
On-going through the records, court was unable to see such ground is raised in replying the queries in 313 statement. This was stage in trial where applicant /accused would have produced the attendance sheet etc. Therefore application seeking reasonable opportunity of innocence before high court on the ground of alibi is not tenable. Further plea that, advocate appointed in trial court did not adduce any evidence or take any steps so as to prove defence of alibi also not tenable. Court observed that, counsel engaged of his choice and said counsel was not shown to be junior counsel or was having less experience. Hence plea of alibi rejected.
Umesh Chalwadi vs. State, Cr.A.no.156/2017, Mumbai