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‘Last Seen Together’ Along With ‘Absence Of Satisfactory Explanation’ Insufficient For Conviction

The Supreme Court, in Anjan Kumar Sarma vs State of Assam, has reiterated that “last seen together” along with “absence of satisfactory explanation” cannot be made the sole basis of conviction, when the other circumstances could not be proved.

The high court, in the instant case, had convicted the accused holding that the onus was on the accused to explain and exculpate themselves when the ‘last seen theory’ was established and in the absence of any satisfactory explanation, the presumption would suggest the guilt of the accused. The accused were charged with offences of murder and rape. The Trial Court had returned an order of acquittal which was later challenged before the High Court.

 Article referred: http://www.livelaw.in/last-seen-together-along-absence-satisfactory-explanation-insufficient-conviction-sc-read-judgment/

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