Introduction  

• In this case, the Supreme Court held that last seen theory cannot be the sole ground of conviction.  

Facts 

• In this case, a 7-year boy was found dead in the sugarcane field who was last seen with the plaintiff by two witnesses. 
• Appellants was held guilty under Section 302 of Indian Penal Code (IPC) and were imprisoned for life as well as for 7 years under Section 364 of IPC and imprisonment for 5 years under Section 201 of IPC by the trial court. 
• Appeals were dismissed by the Uttarakhand High Court. 
• Appellant then filed an appeal before the Supreme Court. 

Issue Involved  

• Whether “last seen theory’ is the sole basis of conviction? 

Observations 

• The Supreme Court observed no direct and circumstantial evidence to prove the accused's conviction. 
• The conviction was solely based on the testimony of the two witnesses who saw the child early in the morning with the convict. 
• The whole conviction was based on the “last seen theory”. 

Conclusion 

• The Supreme Court set aside the decree of the trial court and the High court by stating that conviction should not be made solely on the ground of “Last seen theory.” 

NOTE: 

• Section 302 of IPC is now Section 103 of Bhartiya Nyay Sanhita, 2023 (BNS) 
• Section 364 of IPC is now Section 140 of BNS, 2023. 
• Section 201 of IPC is now Section 238 of BNS, 2023.