A is accused of a child's murder. The following facts are constructed in the case: I. An hour before…
Section 3 of the Indian Evidence Act (now section 2 of the Bharatiya Sakshya Adhiniyam) defines evidence; proof of surrounding facts from which the fact in issue is inferred…
Choose your answer
A is accused of a child's murder. The following facts are constructed in the case:
I. An hour before the murder, A went to the place of murder with the child.
II. A alone returned home.
III. Collar of A's shirt found to be blood-stained. The evidence which takes into account the above-mentioned facts is called:
Answer and explanation
Correct answer B
Section 3 of the Indian Evidence Act (now section 2 of the Bharatiya Sakshya Adhiniyam) defines evidence; proof of surrounding facts from which the fact in issue is inferred is "circumstantial evidence". Here A took the child to the place, returned alone and had a blood-stained collar, but no witness saw the killing, so this is not direct evidence; nor is it secondary evidence of a document. A conviction on such evidence needs a complete chain excluding any reasonable innocent explanation.
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