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