When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Definition of Circumstantial evidence established by Supreme Court in this case. This corresponds to Sec 106 of Evidence Act.
From Paras 7 and 8,
Umedbhai Jadavbhai Vs State of Gujarat on 16 Dec 1977 (Indiankanoon)
7. It is well-established that in a case resting on circumstantial evidence all the circumstances brought out by the prosecution, must inevitably and exclusively point to the guilt of the accused and there should be no circumstance which may reasonably be considered consistent with the innocence of the accused. Even in the case of circumstantial evidence, the Court will have to bear in mind the cumulative effect of all the circumstances in a given case and weigh them as an integrated whole. Any missing link may be fatal to the prosecution case.
8. We will first consider whether the High Court was justified in entertaining the appeal and secondly in interfering with the order of acquittal. Entertainment of the appeal by the High Court against an acquittal will be justified only under special circumstances. They exist in this case. We find that the Sessions Judge has committed a manifest error of record when he held that “there was a pool of blood in the outer room and trail of blood-stains leading from the outer room to the inner room”. We do not find a tittle of evidence, oral or documentary to substantiate the above statement in the judgment of the Sessions Judge relying on which he came to the conclusion “that the victim was stabbed in the outer room while she was running from the outer room into the inner room”. The Sessions Judge fell into a grave error by coming to this grossly erroneous conclusion absolutely unsupported by any evidence.
Casemine versionUmedbhai Jadavbhai Vs State of Gujarat on 16 Dec 1977 (Casemine)
Citations : [1978 AIR SC 424], [1978 GLR 19 268], [1978 SCC 1 228], [1978 SCR 2 471], [1978 CAR 57], [1978 SCC CRI 108], [1978 CRLJ SC 489], [1978 CRLR SC 72]
Other Sources :