Circumstantial Evidence :
Circumstantial evidence is that which tends to establish the fact in issue by proving another fact which, though, does not conclusively established that fact, affords and inference as to its existence. In simple words, circumstantial evidence is a testimony by witnesses as to the circumstances from which an inference is to be drawn as to the fact in issue. where direct evidence is not available then, circumstantial evidence can be resorted to.
Example
X is charged with the murder of Y. At the trial, a witnesses Z, on behalf of the prosecution, gives evidence that he saw X stab Y or, Z may make the statement that he saw X running away from the place where Y's corpse was found, with a blood-stained knife in his hand. In the first case, the evidence given by Z is usually referred to as direct evidence and in the second circumstantial evidence.
Case Law :
A. C. Lagu Vs State of Bombay AIR 1960 SC 500; 1960scj 779
In this case, accused was a family doctor. He was tried for the murder of his patient, a rich woman and Sentenced to death on the basis of the Circumstantial Evidence
See also
1) When Secondary Evidence is Admissible?
2) Admissibility, Competency and Credit of a child witness
3) What are the different stages of the Examination of Witness?
4) Distinction / Difference between Proved, Disproved and Not Proved.
5) How many witnesses are required to prove the fact?
Circumstantial evidence is that which tends to establish the fact in issue by proving another fact which, though, does not conclusively established that fact, affords and inference as to its existence. In simple words, circumstantial evidence is a testimony by witnesses as to the circumstances from which an inference is to be drawn as to the fact in issue. where direct evidence is not available then, circumstantial evidence can be resorted to.
Example
X is charged with the murder of Y. At the trial, a witnesses Z, on behalf of the prosecution, gives evidence that he saw X stab Y or, Z may make the statement that he saw X running away from the place where Y's corpse was found, with a blood-stained knife in his hand. In the first case, the evidence given by Z is usually referred to as direct evidence and in the second circumstantial evidence.
Case Law :
A. C. Lagu Vs State of Bombay AIR 1960 SC 500; 1960scj 779
In this case, accused was a family doctor. He was tried for the murder of his patient, a rich woman and Sentenced to death on the basis of the Circumstantial Evidence
See also
1) When Secondary Evidence is Admissible?
2) Admissibility, Competency and Credit of a child witness
3) What are the different stages of the Examination of Witness?
4) Distinction / Difference between Proved, Disproved and Not Proved.
5) How many witnesses are required to prove the fact?
Customers! Our academy https://expertpaperwriter.com/time4learning-review/ believe in quality and commitment which makes us so different from our competitors and thus always keeps our customers satisfied.We deal in avariety of essay topics such asScience,History,Literature, Sociology and etc.
ReplyDeleteSuch nice information is provided in this article. In the first case, the evidence given by Z is usually referred to as direct evidence, and in the second case, it is circumstantial evidence. Keep sharing more articles with us. Now it's time to get Siding Services in Paramus NJ for more information.
ReplyDelete