Conviction cannot be based on the only circumstance of ‘last seen together’ #indianlaws

A conviction cannot be based on the only circumstance of last seen together. Normally, 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 and when the deceased is found dead, is so small that possibility of any person other than the accused being the perpetrator of the crime becomes impossible.

Conviction cannot be based on the only circumstance of last seen together

Supreme Court in the instant appeal challenging conviction under Section 302 of the Indian Penal Code where the prosecution case was based on circumstantial evidence held that conviction cannot be based against the accused merely on the ground that the accused was last seen with the deceased. In other words, a conviction cannot be based on the only circumstance of last seen together. Normally, 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 and when the deceased is found dead, is so small that possibility of any person other than the accused being the perpetrator of the crime becomes impossible.

To record a conviction, the last seen together itself would not be sufficient and the prosecution has to complete the chain of circumstances to bring home the guilt of the accused.

It was held as hazardous to come to a conclusion of guilt in cases where there is no other positive evidence to conclude that the accused and the deceased were last seen together.

In the present case there was unexplained delay of six days in lodging the FIR. As per prosecution story the deceased was last seen at place ‘X’. The body of the deceased was taken from the borewell by the fire service personnel after more than seven days. There was 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 the absence of any other links in the chain of circumstantial evidence, the appellant cannot be convicted solely on the basis of “last seen together” even if version of the prosecution witness in this regard is believed.

The appeal was accordingly allowed and the impugned judgment of conviction and sentence imposed on the Appellant was set aside.

Rambraksh @ Jalim vs. State of Chhattisgarh

SC, 12.05.2016

Criminal Appeal No. 462 of 2016