[xxi], Conduct of the accused plays a vital role in corroborating or establishing circumstantial evidence.
Circumstantial evidence as per Section 106: Conduct of the accused plays a vital role in corroborating or establishing circumstantial evidence.
Direct evidence does not require supplementation and does not require interference to form a connection between various facts.
Since the accused failed to establish his innocence as per Section 106, he was convicted under 302/149, 498-A, 201 IPC. [xi] 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. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] >>
If the chain is broken, none of the other circumstances can be relied upon to establish the guilt of the accused. 0000005335 00000 n In the case where, the in-laws constantly ill-treated the daughter –in-law and the husband was extremely abusive towards her, till the point she committed suicide. 0000001300 00000 n [v] In the case of Bodh Raj v. State of Jammu & Kashmir,[vi] the Court held that that for a conviction to be solely based on circumstantial evidence following conditions are required to be met: In the case of Ashok Kumar v. State of Madhya Pradesh,[vii] the Supreme Court held that for circumstantial evidence to sustain conviction, the chain of events should be complete and should establish the guilt of the accused without probability of any other alternative.
In many cases, circumstantial evidence is the only evidence linking an accused to a crime; direct evidence may simply not exist. Circumstantial evidence allows a conclusion to be drawn from a set of circumstances or information. All other hypothesis should be excluded except that one that is required to be proved. Call us at- 8006553304, © 2014-2020 Law Times Journal | All Rights Reserved.
If the circumstances are limited to just “last seen together” without further corroboration, conviction cannot be based on the said assertion. 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.
19 0 obj The circumstances prompting her to commit suicide, when established lead to the conviction of the accused.
C� b ; � /Root 20 0 R Opinion of an expert, handwriting, finger print, DNA test analysis, witness, discovery of an object connecting to the offence among others are used as corroboration. 19 18
0000018441 00000 n
[xii]In the case of Sidhartha Vashisht @ Manu Sharma v. State (Nct Of Delhi),[xiii] the court awarded him life imprisonment for the murder of Jessica Lal, on the grounds of circumstantial evidence.
Vs. Orilal Jaiswal AIR 1994 SC 1418.
/Type /Catalog %PDF-1.3 Which form of evidence is superior direct or indirect evidence?
I dedicate majority of my time towards mooting, negotiation competitions and attending seminars on socio-political as well as environmental issues. /Names << /Dests 12 0 R>>
What are the various kinds of evidence can be used as corroboration for circumstantial evidence?
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