Explain when facts which are otherwise not relevant become relevant. Mention those Situations.

Section 11 of the Indian Evidence Act, of 1872 mentions those circumstances when facts that are otherwise not relevant become relevant.

Facts not otherwise relevant become relevant under the following situations:

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.
Illustration – The question is whether A committed a crime in Kolkata on a certain date. The fact that on that day A was at Lahore is relevant.
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 that 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. 
The burden of proving such defense is on the person who asserts it, the defense requires that such person must have been so far away from the place of crime that it was impossible to reach there.

Example:
Bunty has written a defamatory statement against Hardik. This is a fact.
Bunty is illiterate, this is another fact. Both the facts are inconsistent but both facts are relevant and admissible.

Prof Whigmore has described five examples of the first part where “When fact not otherwise relevant, becomes relevant if it is inconsistent with the fact in issue or relevant facts” –
(a)    Accused is present at a place other than the place of incident at the time of the incident ( Plea of Alibi) 
(b)    The Fact regarding the legitimacy of the child is that the husband did not have access to the wife at the time when she was begotten. 
(c)    Evidence regarding the life of any person for whom it has been said that he has died; 
(d)    That the offense has been committed by any other person and 
(e)    Disputed loss is caused to one by himself 

Facts showing a high Probability 
The second part of Section 11 says that such facts which proved would make the existence or non-existence of any facts issue or relevant fact, highly probable. The court has to take the assistance of such probability when no direct evidence is available.

Illustration – Where the statement of witnesses shows that the deceased was murdered by firing a bullet within a distance of 20 feet and the evidence of the doctor shows that the injury is due to the firing of the pistol from a distance of less than 5 feet. In such a situation, the statement of witnesses is highly improbable