Source: Supreme Court

Why in News?

The bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah  , only when the last seen theory is established beyond reasonable doubt.

• The Supreme Court gave this observation in the matter of R Sreenivasa v. State of Karnataka.

Background

• The appellant was a co-accused along with one other.
• The Trial Court acquitted both the accused.
• However, in an appeal before the Karnataka High Court, the appellant was convicted of and sentenced to undergo life imprisonment.
• The fact that witnesses saw the appellant with the deceased two days before the incident was considered a part of the for reversing the acquittal of the appellant.
• The counsel for the State cited the case of State of Rajasthan v. Kashi Ram (2006) where it was held that “Once the accused is found to be the person with whom the deceased was last seen, the onus is on the accused to explain as to where the victim had gone or how the incident occurred”.

Court’s Observation

• The SC set aside the HC judgment by stating, there is no definitive evidence of last seen in the present case. There is a long time-gap between the alleged last seen and the recovery of the body.
• Hence, the Court said that in the absence of other corroborative pieces of evidence, it cannot be said that the chain of circumstances is so complete that the only inference that could be drawn is the guilt of the appellant.

Last Seen Theory

• The theory finds its roots in English common law principles and has been an integral part of Indian criminal jurisprudence.
• This theory relies on the principle that if a person is last seen with the victim before a crime occurs and no credible explanation is provided, there is a strong presumption that they are responsible for the crime.
• The theory emerged from the presumption of innocence until proven guilty beyond a reasonable doubt, where circumstantial evidence can play a crucial role in establishing guilt.
• This legal principle has been applied in various cases to secure convictions and ensure justice is served under the Code of Criminal Procedure, 1973 (CrPC) in India.

Position of Last Seen Theory in Indian Evidence Act, 1872 (IEA)

• Section 7: The provision states that, facts which are the occasion, cause or effect of relevant facts or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
• Section 106: It places the burden of proof on the accused when certain facts are especially within their knowledge.
• Section 114: It states that courts may presume existence of certain facts if other facts relevant to them are proved in the common course of natural events, human conduct and public and private business.

Relevant Cases

• State of UP v. Satish (2005):
  • The SC held that the 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 author of the crime becomes impossible.
• Kanhaiya Lal v. State of Rajasthan (2014):
  • The SC held that the circumstance of last seen together does not by itself and necessarily lead to the inference that it was the accused who committed the crime.
    • The Court said that there must be something more to establish the connectivity.