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Case laws

Bodhraj vs. State of J&K (2002)

The SC held that conviction can be based solely on circumstantial evidence but it should be tested by the benchmark of law relating to circumstantial evidence laid down by Supreme Court in Hanumant Govind Nargundkar case. Followed by-

The Court held that that for a conviction to be solely based on circumstantial evidence following conditions are essential:-

  1. Circumstances from which guilt is established are required to be proved and impenetrable
  2. Circumstances should be conclusive in nature and should form a link between the criminal and commission of the offence
  3. Circumstances should retain moral certainty and there should be no scope for any other hypothesis.
  4. All other hypothesis should be excluded except that one that is required to be proved. For complete summary visit https://indiankanoon.org/doc/408848/

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