Indian Evidence Act, 1872
11. When facts not otherwise relevant become relevant
Facts not otherwise
relevant are relevant-
(1) If they are
inconsistent with any fact is issue or relevant fact;
(2) If by themselves
or in connection with other facts they make the existence or non-existence of
any fact in issue or relevant fact highly probable or improbable
Illustration
(a) The question is,
whether A committed a crime at Calcutta on a certain day.
The fact that, on that
day, A was at Lahore is relevant.
The fact that, near
the time when the crime was committed, A was at a distance from the place where
it was committed. Which would render it highly improbable, though not
impossible, that he committed it, is relevant.
(b) The question is,
whether A committed a crime.
The circumstances are
such that the crime must have been committed either by A,B,C or D. Every fact
which shows that the crime could have been committed by no one else and that it
was not committed by either B, C or D is relevant.