The “Last Seen Theory” is an important principle in circumstantial evidence under Indian criminal law. It plays a pivotal role in cases where direct evidence is lacking.
“Last Seen Theory”: What Is It?
The “Last Seen Theory” suggests that if a person was last seen alive in the company of the accused and is later found dead in unexplained circumstances, the burden shifts to the accused to explain what happened. If the accused fails to offer a plausible explanation, it can raise a strong presumption of guilt.
This principle is not sufficient on its own to convict someone unless corroborated by other evidence, but it can be a vital link in the chain of circumstantial evidence.
Key Takeaways From Padmanabh Bihari Case
The Hon’ble Supreme Court of India has delivered a recent judgment on the principle of the last-seen theory. Read more to know the essentials:
Case Title: Padmanabh Bihari v. State of Orissa, 2025 INSC 751
Citation: 2025 INSC 751
Authored by: Hon’ble Mr. Justice Prashant Kumar Mishra
Bench: Hon’ble Mr. Justice Sanjay Karol and Hon’ble Mr. Justice Prashant Kumar Mishra
Key Observations By The Apex Court:
- The Apex Court held that the Last Seen Theory on its own is a weak piece of evidence in a criminal trial, and in the absence of corroborative material—such as recovery of weapon based on the accused’s statement, motive, or conclusive forensic evidence—it cannot solely form the basis of conviction.
- The Court emphasized that suspicion, however strong, cannot substitute legal proof, reiterating that the burden on the prosecution in a case based on circumstantial evidence is to form a complete and unbroken chain.
- The appellant had been seen last with the deceased, but there was a lack of motive, and the alleged murder weapon was not recovered at the instance of the accused. There was also no matching blood group evidence. The benefit of doubt was thus extended to the accused, leading to acquittal.
The Hon’ble SC cited the case of Sujit Biswas Vs. State of Assam, AIR 2013 SC 3817 and observed that “Suspicion, however grave it may be, cannot take the place of proof… The mental distance between ‘may be’ and ‘must be’ is quite large and divides vague conjectures from sure conclusions.”
In the above-mentioned case, the Hon’ble Supreme Court of India elaborated on the application of the Last Seen Theory.
Facts:
- The deceased was last seen in the company of the accused.
- The body was later recovered in suspicious circumstances.
- There was no direct eyewitness to the murder.
Key Observations By The Apex Court:
- The Court held that the “last seen together” circumstance, coupled with the failure of the accused to explain the whereabouts of the deceased after that point, created a strong inference of guilt.
- The Court emphasized that when the time gap between the “last seen” and the recovery of the body is narrow, the inference of the accused’s involvement becomes stronger.
Legal Position:
- Burden shifts to the accused under Section 106 of the Indian Evidence Act once the prosecution proves the “last seen” aspect.
- It cannot solely form the basis of conviction unless supported by other circumstantial or forensic evidence.
- The shorter the time gap, the stronger the inference.
Last Seen Theory: Caution In Application
The last seen theory is not a codified principle in criminal law, and has emerged as a result of judicial interpretation and has gained clarity through various progressive judgments of the Hon’ble Supreme Court.
BY:
Aparna Gupta
State Of Tamil Nadu Vs. Governor Of Tamil Nadu (Supreme Court, 8 April 2025) - Legal Maamla
[…] a unanimous judgment, the Hon’ble Supreme Court held that the Governor is not a parallel executive but a constitutional figurehead expected to act […]