Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Accused and deceased were residing in same room of hostel - Mark sheet of deceased was found missing and accused and deceased left hostel in the evening on the same day - Both of them visited the house of PW3 another student and after leaving his house deceased could not be traced..........
Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - If there is considerable time gap between persons seeing together and proximate time of crime, circumstances of last seen together even if proved cannot clinchingly fasten guilt of accused...........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Failure of accused in a case based on circumstantial evidence which included last seen together theory to explain u/s 313 Cr.P.C as to under what circumstances victim suffered death, would not be a ground to arrive at an irresistible conclusion that accused were involved in..........
Indian Penal Code, 1860, Section 364, 302, 120B -- Kidnapping and murder of two minor children - Circumstantial evidence - Last seen theory - Evidence of last seen witnesses consists of contradictions and inconsistencies - Testimonies of PW6 and PW7 also differ on question of when did they reach police station to report - As regarding evidence of PW10, since entire attempt..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - Evidence of last seen witness PW2 is hearsay - Testimony of PW2 fails to advance the prosecution case as his statement is merely hearsay - Even, statement of PW4 also said to be hearsay so far as theory of last seen of deceased in the company of accused - Statement..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1/brother of deceased stated that deceased went along with accused persons at night - However, there is variation regarding sequence of events which happened prior to accused meeting deceased or deceased meeting PW1 - Moreover, circumstance of last seen by itself..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - PW2 who claims himself to be last seen witness went to his in-laws house when he got information that his mother/deceased was murdered there in night - He is thus, not a last seen witness who saw his mother in company of accused - PW2 did not see accused killing his mother - On..........
Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Circumstantial evidence - Last seen theory - Accused was arrested based on..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - Last seen theory - Once factum of last seen is established, accused must offer some explanation as to circumstances in which he departed company of deceased...........
Indian Penal Code, 1860, Section 302, 34, 120B -- Murder - Circumstantial evidence - Last seen theory - PWs stated that prior to point of last seen, deceased was constantly in the company of A-1 - PW3 and PW4 are persons who lastly saw deceased alive on 9.4.1987 and they categorically deposed that they had seen deceased along with accused persons - Deposition of PW3 and..........
