Rakesh Kumar vs State on 19 November, 2019
29. In the instant case, there is no eye witness of the occurance The case in totality is depends on the last seen theory. Application of last seen theory requires a possible link between the time when the person was last seen alive and the fact of the death of the deceased coming to light. There should be a reasonable proximity of time between these two events. This proposition of law does not admit of much excuse but what has to be seen is that this principle is to be applied depending upon the facts and circumstances of a given case. The Hon'ble Supreme Court in the case of Mohd. Azad alias Samim Vs. State of West Bengal; (2008) 15 SCC 449, held as under: