"Firstly, the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established.
Secondly those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused.
Thirdly, the circumstances taken cumulatively, should form a chain to complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and no one else. That is to say the circumstances should be incapable of explanation on any reasonable hypothesis save that of the accused's guilt."
In evaluating the circumstantial evidence of the case the judge will took into consideration the circumstances prior and post the crime. In Kartigeyan A/l Krishnan v Pendakwa Raya  MLJU 589 where charges of rape and murder involved, the court had relied on the evidences given by the forensic pathologist, the person who last saw the accused and alive deceased together, the DNA evidences produced by the chemist and other relevant circumstantial evidence to convict the accused for the offences of rape and murder. The forensic pathologist who examined the deceased in that case gave testimony as to the injuries inflicted, the cause of death and also the estimation as to the time of death. The injuries and the cause of death were vital to establish the guilt of the accused where actus reus and mens rea of the accused may be formulated. From the evidences given by the forensic pathologist, the injuries were caused by a human being conduct e.g bite marks on the victim tongue, injury to genitalia and multiple soft tissues on the body with pattern consistent with that due to direct blow impact occasioned by the usage of heavy and hard object which leaded to the cause of death - head injury due to blunt trauma. The time which the person who last saw the accused and the deceased together was jibe with the estimation as to the time of death estimated by the forensic pathologist. The inference would be that the accused was the only person with the deceased when the deceased was assaulted until her death. On the other hand, the chemist found semen belonged to the accused in the deceased vagina through the DNA test. This would infer to us that there was sexual intercourse occurred between the accused and the deceased and the injury to the genitalia would infer to us that the sexual intercourse was done without consent. Moreover, the time where the other body part injuries inflicted was jibe with the time where the injury to the genitalia inflicted.
Hence, based on the injuries inflicted and the cause of death of the deceased and any other relevant circumstantial evidences, the court had found that there was beyond reasonable doubt that the accused had raped the deceased and murdered her and upheld the conviction and sentence.
by KANG KHAI LUN A130454