Verma has disputed the authenticity of the last
seen evidence relied upon by the prosecution.
LAST SEEN TOGETHER EVIDENCE
Crl.A.No.909/2010 Page ... which was the guilt of the deceased. Unlike the present case,
the deceased was last seen alive in the company of the
accused was only
last-seen theory comes into play where the
time-gap between the point of time when the
accused and the deceased were seen last alive ... last
seen theory comes into play when the time gap between the
point of time when the accused and the deceased were seen
last alive
inform the first informant (brother of the deceased) that the deceased was last seen with the assailants. As per own statement ... prudent to base the conviction solely on the "last seen theory". "Last seen theory" should be applied taking into consideration
Kashmir.
59. Explaining the last-seen theory, in para 31 it was
observed as under:-
"31. The last-seen theory comes into play where ... where the dead body of the deceased was found and the spot
where the deceased was last seen alive in the company of the
accused
merely because the dead body of the deceased was found near the place where deceased was last seen with the accused though may create ... deceased. Mr. Daga, therefore, contended that the entire prosecution case is based on the so called circumstance of the deceased last seen alive with
have supported the case of the prosecution that the deceased
was last seen in the company of the appellant. Counsel contends that
evidence ... deceased shows that the time gap can be between the point when
the appellant and the deceased were last seen alive is rather small
find that last seen theory has been applied as one of the several circumstances that deceased was seen last alive in the company of appellants ... having seen the deceased last at around 9.00 pm in the company of accused-appellants. Thereafter deceased-Sanjeev was not seen by anybody
last seen with the deceased, the onus was on the appellant to
explain the whereabouts of the deceased after they were seen last
together which ... time when the dead body of the deceased was discovered.
The deceased was last seen along with the appellant in the
night
prudent to base the conviction solely on "last seen
theory". "Last seen theory" should be applied taking into
consideration the case ... follow
the point of being so last seen.
15. Elaborating the principle of "last seen alive"
in State of Rajasthan v. Kashi
circumstances of "last seen" alleged against the appellants by
the prosecution were that the deceased was seen last with the Appellants ... death of the deceased as also the proximity of the place where the deceased and the accused
were last seen alive and the place wherefrom
