Last Seen Theory Must Be Proximate With Time Of Death: Bombay High Court Acquits Two Accused Of Murdering Deranged Man Mistaking Him For Demon
2 years, 9 months ago

Last Seen Theory Must Be Proximate With Time Of Death: Bombay High Court Acquits Two Accused Of Murdering Deranged Man Mistaking Him For Demon

Live Law  

The Bombay High Court has held that the "last seen theory," whereby the accused is the last person spotted with the victim, is not enough to hold him guilty of the crime in the absence of a correlation with the time of the victim's demise. The prosecution must establish the time when the deceased was last seen with the accused and the time of death, the court added. A witness who allegedly saw them together last said that on the fate full night his friend "Raj" received a call from one Pravin, a friend, who asked them to come behind a bar where a mentally ill person had dashed into accused "Gautam." Regarding the proximity been the time of death and the last seen theory, the court said, "Last seen theory" by itself is not sufficient to prove that the accused are the authors of the fatal injuries sustained by the deceased.

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History of this topic

Murder Trial - Last Seen Theory : Time At Which Deceased Was Lastly Seen With Accused Should Be Proved Conclusively : Supreme Court
2 years ago

Murder Trial - Last Seen Theory : Time At Which Deceased Was Lastly Seen With Accused Should Be Proved Conclusively : Supreme Court

Live Law  

While relying on ‘last seen theory’ in a case based on circumstantial evidence, the evidence on the time at which the deceased was lastly seen with the accused has to be proved conclusively, the Supreme Court reiterated recently. “In a case rested on circumstantial evidence and ‘last seen’ theory is relied on as a link in the chain of circumstances, …

Prosecution Must Prove 'Last Seen Theory' Connecting Accused With Commission Of Offence Beyond All Reasonable Doubt: Tripura High Court
2 years, 7 months ago

Prosecution Must Prove 'Last Seen Theory' Connecting Accused With Commission Of Offence Beyond All Reasonable Doubt: Tripura High Court

Live Law  

The Tripura High Court has held that it is the prosecution which has to prove the "last seen theory", together with the other connecting circumstances, to show that except the accused, no other person could have committed the alleged offence. The observation came from a division bench of Justice T. Amarnath Goud and Justice Arindham Lodh: "It is the prosecution …

If Last Seen Theory Is Established, Accused Should Explain Circumstances In Which He Departed Company Of Deceased: Supreme Court
3 years, 7 months ago

If Last Seen Theory Is Established, Accused Should Explain Circumstances In Which He Departed Company Of Deceased: Supreme Court

Live Law  

Once the fact of last seen is established, an adverse inference can be drawn against the accused if he fails to explain the circumstances in which he departed the company of the deceased, the Supreme Court reiterated in a judgment today.The bench comprising CJI NV Ramana, Justices Surya Kant and Aniruddha Bose was disposing a criminal appeal arising out of …

Unsafe to base convictions on ‘Last seen theory’ when time gap is considerably long : Supreme Court [Read the Judgment]
9 years, 6 months ago

Unsafe to base convictions on ‘Last seen theory’ when time gap is considerably long : Supreme Court [Read the Judgment]

Live Law  

Supreme Court on Friday, in Nizam vs State of Rajasthan, held that the if the gap between the time of occurrence and the time when the accused was last seen, is considerably long, it would be unsafe to base the conviction on the “last seen theory”. Setting aside the conviction which was confirmed by High Court, the Apex Court said …

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