Boby vs State of Kerala | CrA 1439 OF 2009 | 12 Jan 2023 | 2023 LiveLaw (SC) 50 – Last seen theory comes into play where the timegap between the point of time when the accused and the deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. If the gap between the time of last seen and the deceased found dead is long, then the possibility of other person coming in between cannot be ruled out. Solely on the basis of last seen theory, the conviction could not have been recorded. State of U.P. v. Satish (2005) 3 SCC 114.
Jabir vs State of Uttarakhand | CrA 972 OF 2013 | 17 Jan 2023 | 2023 LiveLaw (SC) 41 | The “last seen” doctrine has limited application, where the time lag between the time the deceased was seen last with the accused, and the time of murder, is narrow; furthermore, the court should not convict an accused only on the basis of the “last seen” circumstance.