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"Last seen" Theory

The "last seen" circumstances cannot be the sole grounds/basis for conviction:  Supreme Court

The doctrine of the last seen has limited relevance. Where there is a time lag between the last time the deceased was seen with the accused and the time of the murder.

Justices S. Ravindra Bhat and Narasimha

The "Last Seen" Theory's Key Points

There are no additional circumstances or pieces of evidence in the present case except the "last seen" theory.

Pertinently, the lag time between when the deceased was seen with  the accused & the probable time of his death, solely based on the post mortem report, which was silent about the probable time of the death, though it mentioned that death happened approximately 2 days before the post mortem, is not narrow.

Due to the significant contradictions in the witness statements, as well as the facts that the FIR was lodged approximately 6 weeks after the incident, relying solely on the "last seen" circumstances to convict the accused-appellants also isn't justified.




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