ISSUE:
Does the burden of proof lie on the accused or the prosecution?
Can conviction only be given on the ground of circumstantial evidence?
RULE:
Burden of Proof: In the Criminal Justice of India, evidence is to be proved before a court of law to prove the guilt of the accused. As per the Indian Evidence Act, 1872, some standards set that the evidence of the case will be substantially proved and the burden of proof lies on the prosecution.
Circumstantial Evidence: In many cases, the evidence is not directed which creates difficulty to prove a case beyond a reasonable doubt. To prove the case, the circumstantial evidence is put along with the general evidence to strengthen the case. The chain of the circumstantial events put together like the last appearance of a person, dying declaration or letters, etc. It also establishes the probability of the chain of events and it should be highly reliable.
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