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Project Evidence Law: Semester 5 A3221615049 Nancy Girdher
Project Evidence Law: Semester 5 A3221615049 Nancy Girdher
EVIDENCE LAW
CIRCUMSTANTIAL EVIDENCE
SEMESTER 5TH
A3221615049
NANCY GIRDHER
CONTENTS
INTRODUCTION TO CIRCUMSTANTIAL
EVIDENCE
CIRCUMSTANTIAL EVIDENCE IN CRIMINAL
LAW AND CIVIL LAW
EXAMPLES OF CIRCUMSTANTIAL EVIDENCE
AND CIRCUMSTANCES
CIRCUMSTANTIAL EVIDENCE: REALM OR
REALITY
ANALYSIS USING VARIOUS FACTORS AND
EXAMPLES IN INDIAN LAW
DIRECT AND INDIRECT EVIDENCE
CIRCUMSTANTIAL EVIDENCE:SOUL BASIS OF
CONVICTION
CONCLUSION
BIBLIOGRAPHY
DECLARATION
THIS IS TO HEREBY DECLARE THAT I NANCY GIRDHER HAS DONE THE
PROJECT NAMELY” CIRCUMSTANTIAL EVIDENCE” UNDER THE GUIDANCE OF
MY EVIDENCE LAW LECTURER MR.ASHWANI PANT . NOTHING IN THIS
PROJECT HAS BEEN COPIED FROM UNRELIABLE SOURCES AND IS AN
ORIGINAL WORK. THIS PROJECT WOULD NOT HAVE BEEN COMPLETED
WITHOUT THE GUIDANCE OF MY LECTURER.
NANCY GIRDHER
5TH SEMESTER
A3221615049
Circumstantial evidence is evidence in which an inference is required to connect it
to a conclusion of fact. By contrast, direct evidence supports the truth of an assertion
directly—i.e., without need for any additional evidence or the intervening inference.
On its own, it is the nature of circumstantial evidence for more than one explanation
to still be possible. Inference from one piece of circumstantial evidence may not
guarantee accuracy. Circumstantial evidence usually accumulates into a collection,
so that the pieces then become corroborating evidence. Together, they may more
strongly support one particular inference over another. An explanation involving
circumstantial evidence becomes more valid as proof of a fact when the alternative
explanations have been ruled out.
Civil law
Circumstantial evidence is used in civil courts to establish or refute liability. It is
usually the most common form of evidence, for example in product liability cases
and road traffic accidents. Forensic analysis of skid marks can frequently allow a
reconstruction of the accident. By measuring the length of such marks and using
dynamic analysis of the car and road conditions at the time of the accident, it may be
found that a driver underestimated his or her speed. Forensic science and forensic
engineering are common as much in civil cases as in criminal.
Criminal law
Circumstantial evidence is used in criminal courts to
establish guilt or innocence through reasoning. With obvious exceptions (immature,
incompetent, or mentally ill individuals), most criminals try to avoid generating direct
evidence. Hence the prosecution usually must resort to circumstantial evidence to
prove the mens rea levels of "purposely" or "knowingly." The same goes
for tortfeasors in tort law, if one needs to prove a high level of mens rea to
obtain punitive damages.
One example of circumstantial evidence is the behaviour of a person around the time
of an alleged offense. If someone was charged with theft of money and was then
seen in a shopping spree purchasing expensive items, the shopping spree might be
circumstantial evidence of the individual's guilt.
CIRCUMSTANTIAL EVIDENCE
Circumstantial evidence is best explained by saying what it is not - it is not direct
evidence from a witness who saw or heard something. Circumstantial evidence is a
fact that can be used to infer another fact.
Indirect evidence that implies something occurred but doesn't directly prove it; proof
of one or more facts from which one can find another fact; proof of a chain of facts
and circumstances indicating that the person is either guilty or not guilty.
E.g., If a man accused of embezzling money from his company had made several
big-ticket purchases in cash around the time of the alleged embezzlement, that
would be circumstantial evidence that he had stolen the money. The law makes no
distinction between the weight given to either direct or circumstantial evidence.
E.g., X is suing his wife, Y, for a divorce, claiming she is having an affair with Z. Z's
fingerprints are found on a book in X and Y's bedroom. A judge or jury may infer that
Z was in the bedroom. The fingerprints are circumstantial evidence of Z's presence
in the bedroom. Circumstantial evidence is usually not as good as direct evidence
(an eyewitness saw Z in the bedroom) because it is easy to make the wrong
inference
Y may have loaned Z the book and then carried it back to the bedroom herself after
getting it back.
The facts proved are either possible or impossible, ordinary and probable, or
extraordinary and improbable, recent or ancient; they may have happened near us or
afar off; they are public or private, permanent or transitory, clear and simple or
complicated; they are always accompanied by circumstances which more or less
influence the mind in forming a judgment. And in some instances these
circumstances assume the character of irresistible evidence; where, for example, a
woman was found dead in a room with every mark of having met with a violent
death, the presence of another person at the scene of action was made manifest by
the bloody mark of a left hand visible on her left arm.
These points ought to be carefully examined in order to form a correct opinion. The
first question ought to be; is the fact possible? If so, are there any circumstances
which render it impossible? If the facts are impossible, the witness ought not to be
credited. If, for example, a man should swear that he saw the deceased shoot
himself with his own pistol and upon an examination of the ball which killed him it
should be found too large to enter into the pistol, the witness ought not to be
credited. Or if one should swear that another had been guilty of an impossible crime.
Circumstantial Evidence: Realm of Reality
The definition of “evidence “must be read together with that of “proved”. The combine
results of these two definition is that evidence under the Indian Evidence Act which is
not only the medium of proof but there are in addition to this , number of other”
matter” which the Courts has to take into consideration, when forming its conclusion.
Thus the definition of “evidence” in the Indian evidence Act is incomplete and
narrow.
In State Of Maharashtra v. Dr. Praful B. Desai, the Supreme Court has held that
under section 3 of the Indian Evidence Act, besides oral and documentary evidence,
electronic record can also be admitted as evidence. The Court further stated that
evidence ruled in criminal matters could be by way of electronic records, which
would also include videoconferencing ,Hence “ what is no evidence”
a) a confession or the statement of one accessed under Section 342,CrP.C
b) demeanour of witness(section 361, Cr.P.C ,O18,R,12,C.P.C)
c)local investigation or inspection (O.26,R,9);(O18,R18,C.P.C;sections 293 ,
539B,CrP.C )
d) Facts judicially noticeable without proof (Section 56 ,57 Act)
e) Material objects(Section60)
Further coming to the subject, English text writers has divide evidence into
a) Direct evidence
b) Indirect and circumstantial evidence
Direct Evidence
In this sense direct evidence is the evidence is that which goes expressly to the very
point in question and proves it, if believed without aid from inference or deductive
reasoning, e.g., eye witness to a murder is direct evidence
Circumstantial evidence
Circumstantial evidence is also known as indirect evidence. Circumstantial evidence
is usually a theory, supported by a significant quantity of corroborating evidence. The
distinction between direct and circumstantial evidence is important because, with the
obvious exceptions (the immature, incompetent, or ), nearly all criminals are careful
to not generate direct evidence, and try to avoid demonstrating criminal intent.
Therefore, to prove the mens rea levels of "purposely" or "knowingly," the
prosecution must usually resort to circumstantial evidence. The same goes for
tortfeasors in tort law, if one needs to prove a high level of mens rea to obtain
punitive damages.
Circumstantial Evidence: Soul Basis Of Conviction
Ordinarily circumstantial evidence cannot be regarded as direct evidence, and with
this regard, there have been a popular misconception is that circumstantial evidence
is less valid or less important than direct evidence. This is only partly true: direct
evidence is generally considered more powerful, but successful criminal
prosecutions often rely largely on circumstantial evidence, and civil charges are
frequently based on circumstantial or indirect evidence. In practice, circumstantial
evidence often has an advantage over direct evidence in that it is more difficult to
suppress or fabricate.
Thus the judiciary in following landmark judgment has ruled the important role played
by circumstantial evidence which can later become the sole bases of conviction.
In Ramawati Devi vs. State of Bihar wherein it has been held as follows:-
What evidentiary value or weight has to be attached to such statement, must
necessarily depend on the facts and circumstances of each particular case. In a
proper case, it may be permissible to convict a person only on the basis of a dying
declaration in the light of the facts and circumstances of the case........”
As pointed out by Fazal Ali, J, in V.C. Shukla vs. State" in most cases it will be
difficult to get direct evidence of the agreement, but a conspiracy can be inferred
even from circumstances giving rise to a conclusive or irresistible inference of an
agreement between two or more persons to commit an offence. As per Wadhwa, J.
in Nalini's case
The well known rule governing circumstantial evidence is that each and every
incriminating circumstance must be clearly established by reliable evidence and "the
circumstances proved must form a chain of events from which the only irresistible
conclusion about the guilt of the accused can be safely drawn and no other
hypothesis against the guilt is possible.
Similarly in the famous case of Bodh Raj V. State of Jammu &Kashmir, Court held
that circumstantial evidence can be a sole basis for conviction provided the
conditions as stated below is fully staisfied.Condition are:
1) The circumstances from which guilt is established must be fully proved;
2) That all the facts must be consistent with the hypothesis of the guilt of the
accused;
3) That the circumstances must be of a conclusive nature and tendency ;
a. That the circumstances should, to a moral certainty , actually exclude every
hypothesis expect the one proposed to be proved.
'That I know the defendant is guilty, my hands are tied. As a judge, I can only go by
the evidence provided by the investigative agencies.' These were the words of
Additional Sessions Judge G P Thareja, who acquitted Santosh Kumar Singh, Delhi
University law student who committed rape and murder of Priyadharshani Matto. But
However the Delhi High court said that the overall analysis of the circumstances
proved beyond doubt and the evidence is unimpeachable that Singh has committed
rape and murder. "We are of the view to convict him (Singh) under section 302
(murder) and 376 (rape) of the Indian Penal Code," the Bench said. The Court
observed that the trial court verdict was "perverse" and shocked the judicial
conscience. The court said the evidence was incompatible with Singh's plea of
innocence and "we held him guilty of the offence he committed".
Likewise in long-awaited State v Siddhartha Vashisht and Others- Held, this case is
one that has shocked the confidence of the society in the criminal delivery system.
Wrapping up the appeal in 25 hearings, a Bench comprising Justice R S Sodhi and
Justice P K Bhasin, which had given death sentence to Santosh Kumar Singh in the
Priyadarshni Mattoo case, also convicted Vikas Yadav, an accused in the Nitish
Katara murder case, and Amardeep Singh Gill alias Tony, an executive in a
multinational firm, for conspiracy and destruction of evidence.
"We have no hesitation in holding that Manu Sharma is guilty of an offence under
Section 302 (murder) of IPC for having committed the murder of Jessica Lal ... As
also under Section 27 of the Arms Act," the Bench said allowing the appeal of the
Delhi Police.
"In the totality of circumstances adduced from material on record, the judgment
under challenge appears to us to be an immature assessment
Conclusion
The whole discussion essentially brings us back to the fundamental question of
whether Circumstantial evidence is a sole base of conviction or not. Undeniable the
conclusion would be affirmative in true spirit .Undoubtedly; circumstantial evidence
plays a pivotal role in criminal case. heavily based on circumstantial evidence.
Circumstantial evidence" which helped prosecution nail in various landmark cases
mentioned above was heavily based on circumstantial evidence.
CIRCUMSTANTIAL EVIDENCE
Circumstantial evidence is best explained by saying what it is not - it is
not direct evidence from a witness who saw or heard something.
Circumstantial evidence is a fact that can be used to infer another fact.
E.g., If a man accused of embezzling money from his company had made
several big-ticket purchases in cash around the time of the alleged
embezzlement, that would be circumstantial evidence that he had stolen
the money. The law makes no distinction between the weight given to
either direct or circumstantial evidence.
E.g., X is suing his wife, Y, for a divorce, claiming she is having an affair with Z. Z's
fingerprints are found on a book in X and Y's bedroom. A judge or jury may infer that Z
was in the bedroom. The fingerprints are circumstantial evidence of Z's presence in
the bedroom. Circumstantial evidence is usually not as good as direct evidence (an
eyewitness saw Z in the bedroom) because it is easy to make the wrong inference
Y may have loaned Z the book and then carried it back to the bedroom
herself after getting it back.
The facts proved are either possible or impossible, ordinary and probable,
or extraordinary and improbable, recent or ancient; they may have
happened near us or afar off; they are public or private, permanent or
transitory, clear and simple or complicated; they are always accompanied
by circumstances which more or less influence the mind in forming a
judgment. And in some instances these circumstances assume the
character of irresistible evidence; where, for example, a woman was
found dead in a room with every mark of having met with a violent death,
the presence of another person at the scene of action was made manifest
by the bloody mark of a left hand visible on her left arm.