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Monday, October 24, 2022
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circumstances should exclude every possible hypothesis except the one to be
proved.
47. There cannot be any dispute to the fact that the case on hand is one of the
circumstantial evidence as there was no eye witness of the occurrence. It is settled
principle of law that an accused can be punished if he is found guilty even in cases of
circumstantial evidence provided, the prosecution is able to prove beyond reasonable
doubt the complete chain of events and circumstances which definitely points towards
the involvement and guilty of the suspect or accused, as the case may be. The
accused will not be entitled to acquittal merely because there is no eye witness in the
case. It is also equally true that an accused can be convicted on the basis of
circumstantial evidence subject to satisfaction of the expected principles in that
regard.
48. A three-Judge Bench of this Court in Sharad Birdhichand Sarda v. State of
Maharashtra, (1984) 4 SCC 116, held as under:
“152. Before discussing the cases relied upon by the High Court we would like to
cite a few decisions on the nature, character and essential proof required in a
criminal case which rests on circumstantial evidence alone. The most fundamental
and basic decision of this Court is Hanumant v. State of Madhya Pradesh [AIR 1952
SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129]. This case has been uniformly followed
and applied by this Court in a large number of later decisions up-to-date, for
instance, the cases of Tufail (Alias) Simmi v. State of Uttar Pradesh [(1969) 3 SCC
198 : 1970 SCC (Cri) 55] and Ramgopal v. State of Maharashtra [(1972) 4 SCC
625 : AIR 1972 SC 656]. It may be useful to extract what Mahajan, J. has laid down
in Hanumant case [AIR 1952 SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129]:
It is well to remember that in cases where the evidence is of a circumstantial
nature, the circumstances from which the conclusion of guilt is to be drawn
should in the first instance be fully established, and all the facts so established
should be consistent only with the hypothesis of the guilt of the accused. Again,
the circumstances should be of a conclusive nature and tendency and they
should be such as to exclude every hypothesis but the one proposed to be
proved. In other words, there must be a chain of evidence so far complete as not
to leave any reasonable ground for a conclusion consistent with the innocence of
the accused and it must be such as to show that within all human probability the
act must have been done by the accused.
153. A close analysis of this decision would show that the following conditions
must be fulfilled before a case against an accused can be said to be fully
established:
(1) the circumstances from which the conclusion of guilt is to be drawn should
be fully established.
It may be noted here that this Court indicated that the circumstances concerned
‘must or should’ and not ‘may be’ established. There is not only a grammatical but
a legal distinction between ‘may be proved’ and “must be or should be proved” as
was held by this Court in Shivaji Sahabrao Bobade v. State of Maharashtra [(1973)
2 SCC 793 : 1973 SCC (Cri) 1033 : 1973 Cri LJ 1783] where the following
observations were made : [SCC para 19, p. 807 : SCC (Cri) p. 1047]
Certainly, it is a primary principle that the accused must be and not merely may
be guilty before a court can convict and the mental distance between ‘may be’ and
‘must be’ is long and divides vague conjectures from sure conclusions.”
(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,
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