Last seen theory in murder case
Jolly James 9447287658
(Querist) 21 October 2011
This query is : Resolved
What is the best defense in Last seen theory ( Murder case )
prabhakar singh
(Expert) 21 October 2011
In Ramreddy Rajeshkhanna Reddy v. State of A.P. [2006 (10) SCC 172] it was noted as follows: "The last-seen theory, furthermore, comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. Even in such a case the courts should look for some corroboration".
So the defence may be to enlarge the time gap to create a circumstance and possibility that there is a probability of a third person to come in between to commit the crime.
ajay sethi
(Expert) 21 October 2011
well advised by mr prabhakar singh
Shonee Kapoor
(Expert) 21 October 2011
Excellent.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
kuldeep kumar
(Expert) 21 October 2011
seldom singh sahab comes on criminal but when come ...come with both hands.with case laws...i like such quality of this man honestly
Ravikant Soni
(Expert) 21 October 2011
It is a very weak type circumstance that bring accused towards liability of crime. There must be some probable corroboration with it.
Prabhakar sir well explained this theory.
Ravikant Soni
(Expert) 21 October 2011
Truly said Kuldeep.
Prabhakar sir is a living legend with us.
Biswanath Roy
(Expert) 22 October 2011
Last seen theory frustrates in absence of corroboration. To find out defence in such a case one must consider Sec.114 and 133 of the Evidence Act and upon concideration of the following namely,- 1.That the circumstances from which the inference of guilt is to be drawn, have been fully established by unimpeachable evidence beyond a shadow of doubt 2. That the circumstances are of a determinative tendency unerringly pointed towards the guilt of the accused and 3.That the circumstances, taken collectively, are incapable of explanation on any reasonable hypothesis save that of the guilt sought to be proved against him.
Dr V. Nageswara Rao
(Expert) 22 October 2011
The presence of the accused at the place of the offence or his being seen last with the deceased are also relevant. This is sometimes referred to as the test of “last seen together” as a piece of circumstantial evidence. In Sk. Yusuf v. West Bengal (2011) the Supreme Court said that the last seen theory comes into play where the time gap between the point of time when the accused and deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. It was held that where there is a long time-gap between “last seen together” and the crime, and there is the possibility of other persons intervening, it is hazardous to rely on the theory of “last seen together”Bodhraj v. Jammu & Kashmir, 2003 S.C.C. (Crim) 20: 2002 Cr.L.J. 4664. Even if time gap is less and there is no possibility of others intervening, it is safer to look for corroboration: Ram Reddy Rajesh Khanna Reddy v. Andhra Pradesh, A.I.R. 2006 S.C. 165, followed in Sirima Narasimha Rao v.Andhra Pradesh,2010 Cr.L.J. 769; in the absence of other links, it is not safe to convict solely on “last seen” theory: Jaswant Gir v. Punjab, 2005 12 S.C.C. 238.
prashant pundhir
(Expert) 22 October 2011
Excellent Prabhakar sir,we are proud on you .
M V Gupta
(Expert) 23 October 2011
I appreciate the efforts made by Shri Prabhakar Singh and Shri Nageswara Rao to explain the limitations of the Last seen theory with decided case law.
