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Choose the correct statements with respect to ‘motive’ –
(i) Mere existence of motive by itself is not an incriminating circumstance and it cannot give rise to an inference of guilt nor it form the basis for conviction but if motive for the
crime is adequate, can by itself sustain a criminal charge.
(ii) Even if the evidence against the accused is clear and clinching, failure on the part of the prosecution to establish motive is of no consequence because it is well-settled that
motive does not have a major role to play in cases based on eye-witness account of the incident, it assumes importance in cases that rest entirely on circumstantial evidence.
(iii) It is settled legal position that even if motive is absent, it is of no consequence and pales into insignificance when direct evidence establishes the crime. Therefore, in case
there is direct trustworthy evidence of witnesses as to the commission of an offence, the motive part loses its significance. If the genesis of the motive of the occurrence cannot be discarded only on the ground of absence of motive, if otherwise the evidence is worthy of reliance.
(iv) Motive no doubt assumes importance in a case resting on circumstantial evidence but the absence of motive is fatal even if the circumstantial evidence is established with
cogent evidence.
(v) The absence of motive is not fatal if the circumstantial evidence is established with cogent evidence.
(vi) It cannot be doubted for a pause that motive is an important factors which prompts a person to commit the crime. The motive has to be established beyond doubt and only
then evidence either visual or circumstantial would supplement the motive for the commission of the crime.
(i), (ii), (iii), (iv), (v), (vi)
(ii), (iii), (iv), (v), (vi)
(ii), (iii), (v), (vi)
(i), (iii), (iv), (v), (vi)
Motive for the crime even if adequate, cannot by itself sustain a criminal charge [Purushotham vs. State, 2016 Cri LJ 1453.] Absence of motive is not fatal if the circumstantial evidence is established with cogent evidence. [Shaikh Jahangir Ali vs. State of Maharashtra 2001 (2) MHLJ 67 (Bom)].
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