Last Seen Theory Archives

Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses

The Court emphasised on the settled position that when two views are possible to a case, then the one that is favours the accused must be adopted.

Case Briefs High Courts

Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory

“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”

Case Briefs High Courts

‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC

The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.

Case Briefs Supreme Court

‘Conviction on the basis of ‘last seen’ theory not justified’; Supreme Court acquits accused in a 7-year-old boy’s kidnapping and murder case

The Supreme Court was of the view that the basic principle of criminal jurisprudence is that in circumstantial evidence cases, the prosecution is obliged to prove each circumstance, as well the as the links between all circumstances, beyond reasonable doubt. Such circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability, the crime was committed by the accused and the same should unerringly point towards the guilt of the accused.

Case Briefs High Courts

Sikk HC | “Last seen together theory- Inconclusive in absence of clear motive and beyond doubt circumstantial evidences”: Court acquits

Sikkim High Court: Meenakshi Madan Rai J., while acquitting the accused charged under section 302, 392 and 427 of IPC held that

Case Briefs High Courts

Bom HC | Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed

Bombay High Court: The Division Bench of Sadhana S. Jadhav and N.J. Jamadar, JJ., while addressing the present matter, expressed that: Where