7
cannot be discharged by referring to very strong suspicion and
existence of highly suspicious factors to inculpate the accused nor
falsity of defence could take the place of proof which the prosecution
has to establish in order to succeed, though a false plea by the defence
at best, be considered as an additional circumstance, if other
circumstances unfailingly point to the guilt.
16. This Court in Jaharlal Das v. State of Orissa, (1991) 3 SCC 27,
has held that even if the offence is a shocking one, the gravity of
offence cannot by itself overweigh as far as legal proof is concerned. In
cases depending highly upon the circumstantial evidence, there is
always a danger that the conjecture or suspicion may take the place of
legal proof. The court has to be watchful and ensure that the
conjecture and suspicion do not take the place of legal proof.
The
court must satisfy itself that various circumstances in the chain of
evidence should be established clearly and that the completed chain
must be such as to rule out a reasonable likelihood of the innocence of
the accused.
In order to sustain the conviction on the basis of
circumstantial evidence, the following three conditions must be
satisfied:
i.)
ii.)
the circumstances from which an inference of guilt is
sought to be drawn, must be cogently and firmly
established;
those circumstances should be of a definite tendency
unerringly pointing towards the guilt of the accused; and
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