State Of Chhattisgarh vs Ashok Bhoi 2025 INSC 256 - Last Seen Theory
Indian Evidence Act 1872 - Section 106 - Last Seen Theory - If the prosecution proves by leading reliable evidence that the accused was last seen with the deceased, the burden would be shifted on the accused to explain the said incriminating evidence either in his statement under Section 313 of Cr.P.C. or by leading evidence in his defence or even by bringing out the facts during the course of cross examination of the prosecution witnesses. The accused’s failure to present evidence on his behalf may be treated by the court as confirming the presumptions that may arise therefrom, nonetheless, that presumption alone, taking recourse to Section 106, would not be sufficient to convict an accused. The prosecution has to discharge its burden to prove the other circumstances in the case based on circumstantial evidence, to prove the guilt of the accused beyond reasonable doubt by leading cogent and clinching evidence. (Para 9)
Quotable Quotes: Justice cannot be made sterile on the plea that it is better to let hundred guilty escape than punish an innocent. Letting guilty escape on fanciful doubts is not doing justice according to law. However, it is also well settled that suspicion howsoever strong cannot take place of proof. (Para 10)
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