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last seen theory

English · Evidence

Meaning. The inference that a person last seen with the deceased is the probable killer, absent a satisfactory explanation.

The last seen theory is a rule of circumstantial evidence. Where the accused and the deceased were last seen alive together and the deceased was found dead soon after, the time gap may be so small that the possibility of anyone else being the author of the crime becomes impossible. The accused is then expected to explain how and when they parted, since that fact is especially within his knowledge.

The theory cannot by itself support a conviction where the time gap is long or other persons could have intervened; it needs corroborating circumstances forming a complete chain. A false explanation or silence by the accused may serve as an additional link but cannot fill the gap in the prosecution’s case.

Example

Two witnesses saw the accused leave with the deceased an hour before the body was found, so the last seen theory shifted to him the burden of explaining their parting.

In Indian law

See also

circumstantial evidence · burden of proof · beyond reasonable doubt · presumption

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