Case Analysis: Bodh Raj @ Bodha And Ors. Vs State Of Jammu And Kashmir On 3 September, 2002

Sushmita Das, B.A.LL.B, Christ Academy Institute of Law, Bengaluru

Annanya Singhal, B.A.LL.B, Christ Academy Institute of Law, Bengaluru

ABSTRACT

This case revolves around circumstantial evidence, a crime when to be proved, it is not necessary that the crime must be seen to have been committed and must, in all circumstances be proved by direct ocular evidence by examining before the court those persons who had seen its commission. The offence can be proved by circumstantial evidence also. Circumstantial evidence is not direct to the point in issue but consists of evidence of various other facts which are so closely associated with the fact in issue that taken together they form a chain of circumstances from which the existence of the principal fact can be legally inferred or presumed. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances.