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The term ‘circumstantial evidence’ was first used by Sir James Stephen, stating circumstantial evidence to be facts that are relevant to the other fact, whose existence can prove by the existence of other fact. A ‘circumstantial evidence’ is the testimony of a witness to other relevant facts from which the fact in issue may be inferred. There must be a chain of independent evidence as complete and unbroken as to show that, within all human probability, the act must have been done by the accused. ‘Circumstantial evidence’ includes all the relevant facts. It is not secondary evidence; it is merely direct evidence applied indirectly.
The concept of circumstantial evidence has evolved through the interplay between statutes and judicial interpretation. Circumstantial evidence, also known as indirect evidence, is an unrelated chain of events which when put together formulates circumstances leading to the commission of the crime and can be used to derive a conclusion. Information pertaining to the said chain of events in civil or criminal cases establishes the existence of a fact or any assertion a party seeks to prove. Circumstantial evidence is supported by a significant amount of corroboration.
For example: - If police retrieves stolen goods from the house of a suspect, although it establishes that the suspect has stolen the good but does not necessarily establish guilty or the fact that he must have stolen the goods. Recovery of goods in the house of a suspect is a circumstantial evidence as the goods might be placed there by someone else, thus not establishing complete guilt but forming a chain of events. This would shift the burden of proof on the suspect to establish his innocence.
Circumstantial evidence can be sole basis for a conviction, if circumstances establish the chain of events leading to the guilt of the accused and commission of the crime without other possibilities. The Court should be satisfied that the said circumstances were clearly establishes and complete the chain of events and prove the guilt of the accused beyond reasonable doubt. Moreover, all the circumstances should indicate towards the guilt of the accused and should be inconsistent with his innocence.
The onus is on the prosecution to prove that the chain is complete and the infirmity of lacuna in prosecution cannot be cured by false defense or plea. The chain of events or circumstances should be complete without gaps to the extent no other conclusion or inference apart from the guilt of the accused can be drawn.
However circumstances leading to “last seen together”, does not necessarily imply that it was the accused who has committed the crime. If the circumstances are limited to just “last seen together” without further corroboration, conviction cannot be based on the said assertion. The doctrine of “last seen together” shifts the onus onto the accused to establish his innocence. Thus, last seen together is not a conclusive proof establishing guilt, it is imperative to look at surrounding circumstances such as victim relationship, history of hostility, weapon recovery, relationship between the victim and the accused among others. The proximity between the time of death and last seen together is essential to conclude that the accused and deceased were last seen together without the probability of other persons coming in between exists.
In this case the Supreme Court gave following principles, which are known as 'Panch Sheel' of the proof of a case based on circumstantial evidence.
Judgment delivered on 26th November, 2013.
The accused Dr. Rajesh Talwar and Dr. Nupur Talwar was convicted under Section 302 read with Section 34 and Section 201 read with Section 34 I.P.C by Session Court. Dr. Rajesh Talwar was also convicted under Section 203 I.P.C on the basis of circumstantial evidence. Later, Couple Talwar was acquitted by Allahabad High Court in year 2017.
The following circumstances, according to the Judge unerringly pointing out to the guilt of the accused and exclude every possible hypothesis on the innocence of the accused:
In this case, court awarded accused life imprisonment for the murder of Jessica Lal, on the grounds of circumstantial evidence. The conduct of the accused after the incident (absconding), ballistic report, presence at the scene of crime established by various testimonies and the circumstantial evidence connecting the vehicle and the cartridges during the commission of crime formed a chain of impenetrable evidence pointing towards the guilt of the accused.
Judgment delivered in February 2019. In this case, Supreme Court held that the inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case.
The appellant before the SC was a police officer, who was convicted under Section 302 IPC for murder, on the basis of circumstantial evidence. It was argued on behalf of the motive assumes great significance in a case of circumstantial evidence, and the prosecution's failure to establish it affects the case. The Court noted that there was testimony to the effect that the deceased was last seen in the company of the accused. Further, the bullet recovered from the dead body matched with the service revolver of the accused.
The bench of Justices A M Khanwilkar and K M Joseph held so while dismissing a criminal appeal.
“We would think that while it is true that if the prosecution establishes a motive for the accused to commit a crime it will undoubtedly strengthen the prosecution version based on circumstantial evidence, but that is far cry from saying that the absence of a motive for the commission of the crime by the accused will irrespective of other material available before the court by way of circumstantial evidence be fatal to the prosecution”.
On the basis of forensic evidence the Court also observed
“The only inevitable conclusion we can reach is that the gun was recovered from him and the bullet which has been found to have caused the fatal injury to the deceased and which was recovered from the body of the deceased has been fired from the appellant's gun”.
The defence of the appellant that his service revolver was surrendered during the relevant time as he was under suspension was not accepted by the bench, as he had not produced evidence of suspension, except making a statement during Section 313 examination.
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