…
….
…
(2)
the facts so established should be consistent
only with the hypothesis of the guilt of the
accused, that is to say, they should not be
explainable on any other hypothesis except that
the accused is guilty,
(3)
the circumstances should be of a conclusive
nature and tendency,
(4)
they should exclude every possible hypothesis
except the one to be proved, and
(5)
there must be a chain of evidence so complete as
not to leave any reasonable ground for the
conclusion consistent with the innocence of the
accused and must show that in all human
probability the act must have been done by the
accused.”
10. In this case, the prosecution sought to establish the guilt of
the appellant, only through the evidence of PWs 1 to 3. PWs 1 and
2 had seen the victim being taken towards the sugarcane field. PW
3 had seen the appellant taking the victim from the house and also
leaving the sugarcane field halfanhour later. When the search was
conducted for the missing girl, her dead body was found in the
sugarcane field and the appellant was absconding. On a cumulative
consideration of these circumstances and applying the last seen
theory and invoking the burden of proof cast under Section 106 of
6
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