There is no direct evidence regarding the involvement of the appellant in the crime. The case of the prosecution is on the basis of circumstantial evidence. Factors to be taken into account as laid down by this court are: (Anjan Kumar Sarma v State of Assam, (2017) 14 SCC 359) para 14:
- The circumstances concerned “must” or “should” and not “maybe” established;
- The facts so established should be consistent only with the hypothesis of the guilt of the accused;
- The circumstances should be of a conclusive nature and tendency;
- They should exclude every possible hypothesis except one to be proved; and
- There must be a chain of evidence so complete as to not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. (reference: (1984) 4 SCC 116 and AIR 1963 SC 200)
(2020) 3 SCC 747-Mohd. Yunus Ali Tarafdar v State of West Bengal- para 10