46 substantive evidence. Such evidence can only be used to corroborate some items of substantive evidence which are otherwise on record.” 34. In Hukam Singh vs. State of Rajasthan21, the only circumstance against the concerned accused pertained to his fingerprints on a mirror. That circumstance by itself was not found to be sufficient by this Court to sustain the finding of guilt under Section 302 IPC against the accused. It was observed:“6. The last circumstance on which reliance was placed on behalf of the prosecution was the presence of fingerprints of the appellant on the mirror Ex. 1. We fail to see how this circumstance can be regarded as necessarily implicating the appellant in the commission of the murders. It was admitted by Sujan Singh that the appellant was on visiting terms with this family and it is, therefore, possible that during one of his visits, the appellant might have touched the mirror Ex. 1 and left his fingerprints on it. It is also not altogether unlikely that even when the appellant was in the hutment of Sujan Singh for the purpose of committing the theft of ornaments and other articles belonging to Sujan Singh after the quadruple murders had been committed by some other persons, he might have touched the mirror Ex. 1 and in the process left his fingerprints upon it. The presence of the fingerprints on the mirror Ex. 1 is not such a circumstance as would necessarily lead to the inference that the appellant must have committed the murders of these four members of Sujan Singh’s family. 7. It is now settled law that in case of circumstantial evidence, all the incriminating facts and circumstances should be fully established by cogent and reliable evidence and the facts so established must be consistent with the guilt of the accused and should not be capable of being explained away on any other reasonable hypothesis than that of his guilt. In short, the circumstantial evidence should unmistakably point to one and one conclusion only that the accused person and none other perpetrated the alleged 21 (1977) 2 SCC 99

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