iz

Over the years, the opinion of our courts underwent a shift with respect to importance of circumstantial evidence in a criminal trial. Where this evidence was once regarded as explanatory to oral testimony, is now being seen as a touchtone to check the truthfulness of oral testimony. One of the reasons for this change can be the application of stricter standards to ensure accuracy, reliability and authenticity of ircumstantial evidence. This article will discuss different factors which are taken into consideration by courts when believing or disbelieving a piece of circumstantial evidence. Secondly, it will analyze various types of circumstantial evidence routinely presented in our courts and their impact on a criminal trial. In third place, the article will examine the extent to which direct testimony has now been rendered subordinate to circumstantial evidence because of scientific accuracy of procedures such as computer forensics and DNA profiling. Fourthly, the article will shed light on cases involving crimes against women and children to build the argument that slow development of the rules governing direct oral testimony is propelling us to rely more on circumstantial evidence because of its contemporaneousness.

Keywords: Circumstantial Evidence, Direct Oral Testimony, Forensics, DNA, Relevancy of Facts, Res-Gestae.