Last seen theory

Criminal Trial — Circumstantial evidence — Last seen together — Theory of: “Last seen theory” is important link in chain of circumstances that would point towards guilt of accused with some certainty. Such theory permits court to shift burden of proof to accused and he must then offer a reasonable explanation as to cause of death of deceased. But, it is not prudent to base conviction solely on “last seen theory”. Such theory should be applied, taking into consideration case of prosecution in its entirety and keeping in mind circumstances that precede and follow the point of being so last seen. Where time gap is long, it would be unsafe to base conviction on “last seen theory”. It is safer to look for corroboration from other circumstances and evidence adduced by prosecution. [Nizam v. State of Rajasthan,(2016) 1 SCC 550]