Sharad Birdhi Chand Sarda vs. State of Maharashtra [AIR 1984 SC 1622]: Supreme Court of India
Five golden principles of case to be proved for placing a reliance on the circumstantial evidence
153. A close analysis of this decision
would show that the following conditions must be fulfilled before a case
against an accused can be said to be fully established:
(1) the circumstances from which the
conclusion of guilt is to be drawn should be fully established. It may be noted
here that this Court indicated that the circumstances concerned ‘must or
should’ and not ‘may be’ established. There is not only a grammatical but a
legal distinction between ‘may be proved’ and ‘must be or should be proved’ as
was held by this Court in Shivaji Sahabrao Bobade & Anr. v. State of
Maharashtra(‘) where the following observations were made: “Certainly,
it is a primary principle that the accused must be and not merely may be guilty
before a court can convict and the mental distance between ‘may be’ and ‘must
be’ is long and divides vague conjectures from sure conclusions.”
(2) The facts so established should be
consistent only with the hypothesis of the guilt of the accused, that is to
say. they should not be explainable on any other hypothesis except that the
accused is guilty,
(3) the circumstances should be of a
conclusive nature and tendency.
(4) they should exclude every possible
hypothesis except the one to be proved, and
(5) there must be a chain of evidence so
complete as 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. These five golden principles, if we
may say so, constitute the panchsheel of the proof of a case based on
circumstantial evidence.
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