(a) if they are inconsistent with any fact in issue or relevant fact;
(b) 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 Kuching on a certain day.
The fact that on that day A was at Ipoh is qarinah.
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 commited it is qarinah.
(b) The question is whether A committed a crime.
The circumstance 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 qarinah.