matter the burden to prove the offences charged always lies upon the prosecution except in some offences and such burden would not be lessened by the mere fact that the accused has adopted the defence of Alibi but it is also a well settled principle of law that the accused taking such defence is himself bound to prove his defence of Alibi . In the present matter, admittedly the police did not make any conclusion in favour of the petitioner’s plea of Alibi during investigation and some photographs produced by the petitioner before this Court with this petition regarding his presence at a fuel station during the relevant time of the commission of the alleged occurrence have not been verified or investigated by the police, though in this regard police remained careless but during the course of argument the learned counsel for the informant has drawn the attention of this Court to the statement of one namely, Virendra Kumar, recorded during investigation, in which the said person who was posted at Adani CNG Station, Faridabad, at where the petitioner got his vehicle filled with CNG as per his submission, stated that the video footage of CCTV camera remains stored for thirty days only and after the lapse of the said period the footage automatically gets deleted and he further showed his inability to provide the footage of CCTV camera concerned to date
