(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.
(Emphasis Supplied)
32. Having noted the principles governing a case
based purely on circumstantial evidence, we now
proceed
to
discuss
the
evidence
led
by
the
prosecution in the present case in its endeavour, to
bring
home
the
charges
against
the
accused
appellant.
33. The theory set out by the prosecution in its case
is that the accused appellant had seen the child
victim alone, playing with her dog on the morning of
30th September, 2013. As there was no one else in the
vicinity, the accused appellant, driven by lust, took
advantage of the situation, kidnapped the child and
thereafter took her to room No. 2 of the watchmen
25
Criminal Appeal No(s). 1954-1955 of 2022
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