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Evidence of last seen

The father of victim received information that the victim was last seen in company of accused from some other person s, But the person s informing the father of victim were not examined as witnesses. The father of victim had not informed Any family member about missing of victim. The brother of victim despite over hearing conversation of accused regarding victims,never questioning them after victim went missing.

There is possibility of 9 years old daughter of victim being tortured by her uncle and grandfather to depose against the accused. The brother in law of the victim never mentioning about seeing him alone with the accused before his death. Thus evidence of last seen was not proved.

It is tried law that a conviction can not be recorded against the Accused merely on the ground that the Accused was last seen with the deceased. In other words ,a conviction can not be based on the circumstances of last seen together. Normally, last seen theory comes into play where the time gap , between the point of time when the Accused and the deceased were seen last alive and when the deceased is found, is so small that that the possibility of any person other than the Accused being perpetrator of the crime become impossible. To record a conviction,the last seen together itself would not be sufficient and the prosecution has to complete the chain of circumstances to bring home guilt of the accused.

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