Circumstantial evidence -- Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person...........
Circumstantial evidence -- Conditions precedent for conviction on the basis of circumstantial evidence are : (1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned `must' or `should' and not `may be' established; (2) the facts so established should be consistent only with the hypothesis of the guilt..........
Circumstantial evidence -- To base conviction on circumstantial evidence, the prosecution must establish all the pieces of incriminating circumstances by reliable and clinching evidence and the circumstances so proved must form such a chain of events as would permit no conclusion other than one of guilt of the accused - The circumstances cannot be on any other hypothesis...........
Motive -- Plays an important role in the cases relating to circumstantial evidence...........
Indian Penal Code, 1860, Section 34 -- Common intention - Existence of common intention amongst the participants in a crime is the essential element for applicability of the provision - Direct proof of common intention is seldom available - It can be proved by direct or circumstantial evidence - S.34 is applicable even if no injury is caused by the particular accused..........
Criminal trial -- Prosecution story doubtful and full of contradictions - Entire story put forth by prosecution doubtful and full of contradictions - It will be unsafe to convict a person on the basis of such unreliable and untrustworthy evidence particularly when such statements are full of embellishment and contradictions, without corroboration in material particulars by..........
Indian Penal Code, 1860, Section 304B -- Dowry dead - In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence - That could be either direct or indirect...........
Criminal Procedure Code, 1973, Section 313 -- Compliance of provision of S.313 Cr.P.C. - Putting all circumstances to accused in his statement u/s 313 Cr.P.C. - Held, a case based on circumstantial evidence cannot be equated with a case based on documentary evidence which is maintained by the accused himself - When all the material evidence brought on record is brought to..........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Accused may rely upon circumstantial evidence - Accused can rely upon presumption of fact as mentioned in S.114 of Evidence Act - Accused has also an option to prove the non existence of consideration and debt or liability either by letting in evidence or in some clear and exceptional cases, from the..........
Indian Penal Code, 1860, Section 302 -- Conviction - Circumstantial evidence - Last seen evidence - PW1 sister of deceased stated that accused and deceased slept together in the same room - PW9 stated that deceased slept alone and appellant had not come to his house - Father of deceased stated that he had not told anybody that appellant was sleeping with deceased -..........
