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@CurrentLegalGK

Principles Relating To Plea & Alibi & Delaying In Registering FIR : Supreme Court Explains
https://www.livelaw.in/top-stories/supreme-court-judgment-plea-of-alibi-and-delay-in-fir-registration-240182

🤔2 special Law; which one will prevail ❓

The Karnataka High Court has held that where the offences punishable under the provisions of two special enactments viz, the Scheduled Castes and Tribes (Prevention of Atrocities) Act and POCSO Act are invoked, the POCSO Act, being a later enactment, should prevail over the Atrocities Act.

😎 [Somashekhar And State by Rural Police Station, 2023]

Note: The court noted that when two statutes contain non-obstante clauses, the later enactment is presumed to prevail, as the legislature is assumed to be aware of the previous enactment and chose to give overriding effect to the later one.

However, the court clarified that for this principle to apply, the offenses punishable under the later enactment (in this case, the POCSO Act) should be prima facie established.

😎 [Dinanath manik katkar vs state of Maharastra 2023]

@CurrentLegalGK

👨‍⚖️ KAMAL PRASAD & ORS v. THE STATE OF MADHYA PRADESH, 2023

Court, in its judgment, has meticulously penned down several principles pertaining to the plea of alibi. These principles have been driven from various landmark decisions including
✓[Dhananjoy Chatterjee v. State of W.B.,1994] ; and
✓[Vijay Pal v. State (Govt. of NCT of Delhi), 2015]

Few of these principles, as enumerated in the judgment, are:

✅It is not a part of the General Exceptions under the IPC and is instead a rule of evidence under Section 11 of the Indian Evidence Act, 1872.

✅Further, the burden to establish the plea is on the person taking such a plea. The same must be achieved by leading cogent and satisfactory evidence;

✅It is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the spot of the crime. In other words, a standard of ‘strict scrutiny’ is required when such a plea is taken.

@CurrentLegalGK

Concept of Justice under Indian Constitution
https://articles.manupatra.com/article-details/Concept-of-Justice-under-Indian-Constitution

🔗📌Read with -
✅Role of judges
https://t.me/CurrentLegalGK/92

✅Role of courts
https://t.me/CurrentLegalGK/76

#Question
😎Explain what is justice and role of courts and judges in 150 words 👇