The court observed that the participation of the accused was proved by
circumstantial evidence and that courts have said about conviction of an
accused person on the basis of circumstantial evidence. In a case depending
exclusively upon circumstantial evidence, a court must, before deciding on a
conviction, find that the inculpatory facts are incompatible with the innocence
of the accused, and incapable of explanation upon any other hypothesis than
that of guilt. The court observed that prosecution had not led evidence to
destroy the 2 nd appellant’s alibi nor place him at the scene of crime at the
material time.
The appeal by the 1st appellant was dismissed and the appeal by the 2 nd
respondent succeeded.