- The circumstances from which the conclusion of guilt is to be drawn should be fully established.
- The facts so established should be consistent with the hypothesis of the guilt of the accused.
- They should exclude every possible hypothesis except one to be proved.
- The circumstances should be of a conclusive nature and tendency.
There should 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.
The Supreme Court observed that the false explanation and non explanation to the
question s posed by the Court u/s 313 Crpc can not be used as a link to complete
the chain.It can only be used in an additional circumstances when prosecution
has proved the chain of circumstances leading to the conclusion that the guilt
of the accused.
Ref Shivaji Chitappa Patil vs State of Maharashtra dt 2.3. 2021
It is more settled principles of Law that if two views are possible,one which
goes in favour of the prosecution and the other which benifit s an accused
persons, the accused undoubtedly entitled to benifit of doubt.
The principle has a special relevance in cases where guilt of the accused can be
proved by circumstantial evidence.