Dishonour of Marital Cruelty Case -- Alibi of Armed Forces Personnel -- Official service record can be considered at threshold for quashing
Indian Penal Code, 1860, S.498A -- Dishonour of Marital Cruelty Case -- Alibi of Armed Forces Personnel -- An official service record of the Armed Forces, maintained in the ordinary course of duty, placed on record from the earliest stage of investigation and never disputed by the prosecution, qualifies as unimpeachable material. The rule requiring alibi to be proved during trial applies to disputed material such as private affidavits, not to undisputed official records. Such material can be examined at the threshold to quash proceedings under Section 482 CrPC where it satisfies the four-step test of sterling quality, rules out the charge, remains unrefuted, and shows continuation of trial would be an abuse of process.
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