… …. … (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