Last Seen Theory Can Be Invoked Only If It Stands Proved Beyond Reasonable Doubt : Supreme Court Acquits Murder Accused

The Supreme Court observed that the ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt.

"The burden on the accused would kick in, only when the last seen theory is established. In the instant case, that itself is in doubt.", the bench comprising of Justices said while acquitting the accused in a murder case.

In this case, the accused was acquitted by the Trial Court. However, allowing appeal filed by the State, the Karnataka convicted him under Section 302 IPC. The conviction was mostly on the basis of last seen theory (that the deceased was last seen in the company of the accused). According to the prosecution story, on 03.01.2002 at about 4:30 P.M., an unidentified dead body of a male was found in a field. Later, the body was identified and the allegation is that accused killed the deceased.

In appeal, the Apex Court, on reappreciation of evidence, noted that the very fact whether the deceased had in fact gone with the accused-appeallant, after which his dead body was found had not been proved. 

"In the present case, given that there is no definitive evidence of last seen as also the fact that there is a long time-gap between the alleged last seen and the recovery of the body, and 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", the court said.

The court added that an appellate court, in the case of an acquittal, must bear in mind that there is a double presumption in favour of the accused. When two views are possible, the one favouring the accused is to be leaned on, it said.

R Sreenivasa vs State of Karnataka - 2023 LiveLaw (SC) 751  - 2023 INSC 803

Criminal Trial - Last Seen Theory - 'Last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt - The burden on the accused would kick in, only when the last seen theory is established. (Para 15-17)

Code of Criminal Procedure, 1973; Section 378,386- An appellate court, in the case of an acquittal, must bear in mind that there is a double presumption in favour of the accused. When two views are possible, the one favouring the accused is to be leaned on. (Para 17-18)

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