LAST-SEEN TOGETHER THEORY

EVIDENCE LAW

SUBMITTED TO:-

Dr. P. K. V. SITA RAMA RAO

ASSISTANT PROFESSOR OF LAW

SUBMITTED BY:

MAITREYA SAHA

ROLL NO –1541

B.A L.L.B, 4th SEMESTER

CHANAKYA NATIONAL LAW

UNIVERSITY
Submitted for the partial fulfillment of the project titled: “Last-Seen Together
Theory” for ‘Evidence Law’.
 INTRODUCTION
The Last Seen Together theory is one the principle pillars of The Indian Evidence Act, 1872,
although not much researched about it form son the most vital tests when it comes to
determining the liability of murder or culpable homicide.

The ‘last seen together’ principle has been applied by the Courts so cautiously that unless there
is corroborating and circumstantial evidence, conviction has not been given. However, the
principle helps the Courts to shift the burden of proof to the accused and the accused might
establish an interface in the chain of circumstantial evidence. Otherwise, he will not get any
benefit of doubt. The latest tendency of the Court thus, is to take the aid of Sections 106 and
Section 313 of the Indian Evidence Act, in addition to the ‘last seen together’ principle to hold
an accused person guilty whenever there is no evidence available.

With the development of ‘Last seen together,’ principle, the investigation system and the
courts have been a little bit relieved of the burden of proof. When the principle could be
invoked, the burden of proof would be shifted to the accused to explain any intervening facts
after the last seen together with the victim of any criminal offence.

The theory of ‘last seen together’ is one where two persons are ‘seen together’ alive and after
an interval of time, one of them is found alive and the other dead. If the period between the two
is short, presumption as to the person alive being the author of death of the other can be drawn.
Time gap should be such as to rule out possibility of somebody else committing the crime. Last
seen together principle is one of the latest principles which is taken into consideration in
establishing the guilt of the accused. In the absence of eye-witnesses and tangible evidence, it
is the last resort of the prosecution in a murder case – the person last seen with the victim is
presumed to be the murderer, thus, shifting the onus onto the accused to prove otherwise or
come up with an alibi. The foundation of the theory is based on principles of probability and
cause and connection. Where a fact has occurred with a series of acts, preceding or
accompanying it, it can safely be presumed that the fact was possible as a direct cause of the
preceding or accompanying acts, unless there exists a fact which breaks the chain upon which
the inference depends.
 AIM AND OBJECTIVE
This project will critically analyze the Last-Seen Together Theory by delving into the
conceptualization the topics in detail. Also the Indian stand point and various judicial decisions
explicating the said theory will dealt with. The instances and extent of the use of this theory
will also be looked into.

RESEARCH METHODOLOGY

For the purpose of project research, researcher will rely upon the Doctrinal Method of
Research.

TENTATIVE CHAPTERISATION

 Introduction
 The Last-Seen Together Theory
 Judicial Pronouncements Regarding the Theory
 The Application of this Theory in India and other countries.
 Conclusion

BIBLIOGRAPHY

 The Indian Evidence Act, 1872

 https://indiankanoon.org/search/?formInput=last%20seen%20together%20
 http://www.livelaw.in/last-seen-together-along-absence-satisfactory-explanation-
insufficient-conviction-sc-read-judgment/
 https://www.legalindia.com/an-overview-of-the-judicial-decisions-on-last-seen-
together/