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Evidence — circumstantial — when may be said to have established guilt of accused — only conclusion must be that accused is guilty — evidence must also be inconsistent with accused's innocence
When a case rests upon circumstantial evidence, such evidence must satisfy the following tests: (a) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (b) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (c) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and no-one else; and (d) the circumstantial evidence, in order to sustain conviction, must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused; and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.
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