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      Question

      The question is whether A committed a crime at Mumbai on

      a certain day. The fact that on that day, A was at Trivandrum is relevant
      A As a motive for fact in issue Correct Answer Incorrect Answer
      B As introductory to fact in issue Correct Answer Incorrect Answer
      C As preparation of relevant fact Correct Answer Incorrect Answer
      D As it makes existence of fact in issue highly improbable Correct Answer Incorrect Answer
      E Both a & c Correct Answer Incorrect Answer

      Solution

      Section 11 of Evidence Act - When facts not otherwise relevant become relevant.––Facts not otherwise relevant are relevant–– (1) if they are inconsistent with any fact in 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. Illustrations 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. This is also known as Plea of Alibi.

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