31/05/2025
The ‘Last Seen Theory’ in Criminal Law – Evidentiary but Not Conclusive
The Last Seen Theory posits that if an accused was last seen with the deceased shortly before their death and offers no credible explanation, a presumption of guilt may arise. It is based on principles of time, probability, and logical connection, as no fact occurs in isolation.
However, the Hon’ble Supreme Court in Padman Bibhar v. State of Odisha cautioned that mere "last seen together" is not enough to prove guilt in the absence of other positive and corroborative evidence.
Though not explicitly mentioned in the Indian Evidence Act, 1872, courts interpret the theory through Sections 3 and 7 and inductive reasoning, making it a key element of circumstantial evidence.
⚖️ It remains a useful tool but not standalone proof—courts demand stronger, supporting evidence.
📚 Key Judgments:
Surajdeo Mahto v. State of Bihar (2021)
Sudama Pandey v. State of Bihar (2001)
State of Haryana v. Jagbir Singh (2003)
Jaswant Gir v. State of Punjab (2005)
Shailendra Rajdev Paswan v. State of Gujarat (2019)
