When facts not otherwise relevant become relevant.-Facts nototherwise relevant are relevant
(1) if they are inconsistent with any fact in issue orrelevant fact
(2) if by themselves or in connection with other facts theymake the existence or non-existence of any fact inissue or relevant fact highly probable or improbable.
Illustrations
- (a) The question is whether A committed a crime at Calcutta on acertain 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.