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LAST SEEN TOGETHER THEORY

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 8-7-2016 Last Replied Date:- 13-7-2016 - Last seen together theory The theory of last seen together is one where two persons are seen together alive and after an interval of time, one of them is found alive and the other dead. If the period between the two is short, presumption as to the person alive being the author of death of the other can be drawn. Time gap should be such as to rule out possibility of somebody else committing the crime. Last .....

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e a fact has occurred with a series of acts, preceding or accompanying it, it can safely be presumed that the fact was possible as a direct cause of the preceding or accompanying acts, unless there exists a fact which breaks the chain upon which the inference depends. The circumstance of last seen together does not by itself and necessarily leads to the inference that it was the accused who committed the crime. There must be something more establishing connectivity between the accused and the cr .....

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t seen theory comes into play where the time gap between the point of time when the accused and the 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. In State of Rajasthan V. Kashi Ram - 2006 (11) TMI 660 - SUPREME COURT the Supreme Court held that the provisions of Section 106 of the Evidence Act itself are unambiguous and categorical in laying down that when any f .....

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Section 106 of the Evidence Act. In a case resting on circumstantial evidence if the accused fails to offer a reasonable explanation to discharge of the burden placed on him, that itself provides an additional link in the chain of circumstances proved against him. Section 106 does not shift the burden of proof in a criminal trial, which is always upon the prosecution. It lays down the rule that when the accused does not thrown any light upon facts which are specially within his knowledge and whi .....

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n from the bore well by the fire service personnel after more than seven days. There is no other positive material on record to show that the deceased was last seen together with the accused and in the intervening period of seven days there was nobody in contact with the deceased. In State of Karnataka V. Chand Basha - 2015 (9) TMI 1450 - SUPREME COURT one Ganesh, a daily wage mason went missing on 16.1.2001. On 21.01.2001 one D. Ramu, dhobi, saw a dead body floating in a well near the dhobi gha .....

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The bar boy, the owner of the bar testified that on 16.1.2001the accused along with one other visited the bar. Another witness a shopkeeper deposited that the accused along with one other person and bought cigarettes from his shop on 16.1.2001at 10 p.m., The accused was arrested on 23.01.2001 but the deceased was never seen as alive. The police filed charge sheet against accused Chand Basha. The Trial court vide its judgment and order dated 14.02.2003 convicted the accused for the offence punis .....

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s no evidence to connect the accused with the crime. The appellants challenged the impugned judgment of the High Court before the Supreme Court. The Supreme Court held that the prosecution relies upon the last seen together theory which resulted into the death of Ganesh. The Supreme Court has time and again laid down the ingredients to be made out by the prosecution to prove the last seen together theory. The Court, for the purpose of arriving at a finding as to whether the said offence has been .....

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e accused went to the bar with one other person, but the identity of that other is not clearly established at all. The post mortem report fails to specify any approximate time of death and in light of the recovery of the dead body on 20.01.2001 after 4 days, which is not a small gap since the deceased disappeared on 16.01.2001, it is not appropriate to convict the accused when his role is not firmly established. In Nizam and another V. State of Rajasthan - 2015 (9) TMI 1449 - SUPREME COURT the d .....

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way to Ghaziabad, the driver Raj Kumar got into quarrel with some local persons and police detained him along with his truck. Raj Kumar instructed his second driver to hand over ₹ 20000 to Manoj with instructions to give the money to the truck owner. Manoj left for Gwalior with accused persons by truck. On 26.01.2001 the dead body of Manoj was found under suspicious circumstances in a field near village Maniya. The case was registered under Sections 302 and 201 IPC on 26.01.2001. One bitly .....

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t accused. Before the Supreme Court the appellant contended that- the last seen theory is not applicable to this case as there was serious contradictions as to that date of time which Manoj allegedly left with the appellants;\ the alleged amount of ₹ 20000 taken by deceased was not recovered from the possession of the appellants; the circumstances relied upon by the prosecution are not firmly established and the circumstances do not form a complete chain establishing the guilt to the accus .....

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t warrants no interference. The Supreme Court found that the case of prosecution is entirely based on the circumstantial evidence. In such a case the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. More over all the circumstances should be complete, forming a chain and there should be no gap left in the chain of evidence. Further the proved circumstances must be consistent only with the .....

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hat the deceased was last seen alive in the company of the accused, a reasonable inference could be drawn against the evidence and then only onus can be shifted on the accused under Section 106 of the Evidence Act. The Supreme Court further observed another evidence of Shahzad Khan who stated that the internal organ of the deceased was tied with rope and blood was oozing out from his nostrils. Mania Village, the place where the body of Manoj was recovered is alleged to be a notable place for pro .....

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