Court : Delhi High Court
Brief : Law of last seen evidence - Conviction on charge of Murder - Appeal against conviction on the ground of insufficient circumstantial evidence
Citation : Prem Pal v. State (Decided on 26.03.2010)
The law of last seen evidence being incriminating requires that it has been successfully proved by the prosecution that the accused and the deceased were last seen together in such circumstances that with reference to the proximity of the time when the deceased was seen alive in the company of the accused and the time of death as also the proximity of the place where they were last seen together and the place where from the dead body was recovered, requires an explanation from the accused as to how and when they parted company and in the absence of any credible explanation the presumption of guilt against the accused may be drawn. The Rule of Law is clear. The proof of fact pertaining to a circumstance wherefrom an adverse inference is to be drawn has to be of the highest order i.e. the fact wherefrom inference is to be drawn has to be proved with purity and like any other fact. In the instant case the incriminating evidence relating to the recovery seriously tainted, lacks credibility of the degree required by law. Appeals allowed and the Appellants were acquitted of the charge framed against them.
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