2019 YLR 2281 Judgment, 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.
Last seen evidence…Scope…Evidence of last seen was always regarded as a weak type of evidence…Such evidence was sufficient to award conviction in a capital charge…In order to award conviction of a person on the basis of last seen evidence, the prosecution was required to produce some other independent piece of evidence which might have provided sufficient corroboration…In the absence of such corroboration of last seen evidence.
Main Ingredients of 2019 YLR 2281
Last seen evidence
Weak type of evidence
Conviction in capital charge
Independent piece of evidence
CH MUHAMMAD SHAHID BHALLI
Advocate High Court