11.
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
(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 none
else and that it was not committed by either B, C or D is
relevant.
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