Circumstantial Evidence  : 

            Circumstantial evidence is that which tends to establish the fact in issue by proving another fact which, though, does not conclusively established that fact, affords and inference as to its existence. In simple words, circumstantial evidence is a testimony by witnesses as to the circumstances from which an inference is to be drawn as to the fact in issue.  where direct evidence is not available then, circumstantial evidence can be resorted to.




Example 

X is charged with the murder of Y. At the trial, a witnesses Z, on behalf of the prosecution, gives evidence that he saw X stab Y or, Z may make the statement that he saw X running away from the place where Y's corpse was found, with a blood-stained knife in his hand. In the first case, the evidence given by Z is usually referred to as direct evidence and in the second circumstantial evidence.


Case Law :  


 A. C. Lagu Vs State of Bombay AIR 1960 SC 500; 1960scj 779

      In this case, accused was a family doctor. He was tried for the murder of his patient, a rich woman and Sentenced to death on the basis of the Circumstantial Evidence    



See also 

1) When Secondary Evidence is Admissible?

2) Admissibility, Competency and Credit of a child witness

3) What are the different stages of the Examination of Witness?


4) Distinction / Difference between Proved, Disproved and Not Proved.

5)  How many witnesses are required to prove the fact?

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