AI Overview...
Witness of Last Seen - Main Points and Insights
-
Lack of Direct Last Seen Evidence: Multiple sources highlight the absence of concrete last seen evidence connecting the accused to the victim at the time of the incident. For instance, sources Riazuddin Ahmed VS Siddique Ali - Gauhati, Rupa VS State of Rajasthan. - Rajasthan, and RAVINDRAKUMAR KANTILAL MOTILAL BHIL V/s STATE OF GUJARAT - Gujarat emphasize that prosecution failed to establish the accused's last presence with the victim, often citing the absence of eyewitnesses or direct evidence such as mobile location data.
-
Failure to Establish Last Seen Doctrine: Several cases (e.g., Riazuddin Ahmed VS Siddique Ali - Gauhati, Rupa VS State of Rajasthan. - Rajasthan) note that the prosecution did not sufficiently invoke or prove the last seen doctrine, which is crucial for establishing the accused's proximity to the victim during the commission of the offence.
-
Eyewitness Testimony and Discrepancies: Sources such as Riazuddin Ahmed VS Siddique Ali - Gauhati and Lal Bahadur and Others VS State of U. P. - Allahabad discuss the importance of witness credibility. Discrepancies or the absence of witnesses (e.g., Sahjahan Ali not examined or cited in Riazuddin Ahmed VS Siddique Ali - Gauhati) weaken the case based on last seen evidence.
-
Circumstantial Evidence and Its Limitations: In cases like Rupa VS State of Rajasthan. - Rajasthan, conviction was based on circumstantial evidence rather than direct last seen testimony, which courts have scrutinized for sufficiency and reliability.
-
Role of Forensic and Mobile Data: As per RAVINDRAKUMAR KANTILAL MOTILAL BHIL V/s STATE OF GUJARAT - Gujarat, mobile location data did not support the last seen theory, with accused's locations at different places on the day of the offence, undermining the last seen claim.
-
Witness Credibility and Hostility: Several sources (e.g., Lal Bahadur and Others VS State of U. P. - Allahabad) mention witnesses turning hostile or providing inconsistent testimony, which affects the reliability of last seen claims.
Analysis and Conclusion
The collected sources collectively indicate that establishing the Witness of Last Seen is challenging without direct, credible eyewitness testimony or corroborative forensic evidence. Courts tend to scrutinize circumstantial evidence, witness credibility, and technical data (like mobile location) to determine the veracity of last seen claims. In many cases, the absence of such evidence leads to doubts about the prosecution's case, often resulting in acquittals or judgments favoring the accused. Overall, the last seen doctrine remains a significant but often difficult element to prove conclusively in criminal proceedings.
References
- Riazuddin Ahmed VS Siddique Ali - Gauhati
- Rupa VS State of Rajasthan. - Rajasthan
- Pedda Seetharamappa VS Pedda Appaiah - Andhra Pradesh
- Martin Chikamma Nwokorie vs Narcotic Control Bureau - Delhi
- ASHIS SEN VS ARUN KUMAR BOSE - Calcutta
- Potluri Babu Rao VS Sistla Neelagriva Sastry - Andhra Pradesh
- Lal Bahadur and Others VS State of U. P. - Allahabad
- RAJPAL vs STATE OF HARYANA - Punjab and Haryana
- RAVINDRAKUMAR KANTILAL MOTILAL BHIL V/s STATE OF GUJARAT - Gujarat
- State of Bombay VS Mohanmadh Khan - Bombay
Search Results for "Who is Siad to be Witness of Last Seen"
2018 0 Supreme(Gau) 1626 • India - Gauhati
M.R.PATHAK, MIR ALFAZ ALI
appellant contends that all discrepancies or omissions cannot be considered as contradictions to brush aside the entire testimony of a witness ... as eye witness. ... What the above evidence crystallizes is that the prosecution evidence even fell short of invoking the last seen doctrine involving the accused Rahman. ... Apparently Sahjahan Ali was neither cited as a witness nor was examined. This witness did not state in his previous statement before police recorded under Section 161 C....
2008 0 Supreme(Raj) 1575 • India - Rajasthan
PRAKASH TATIA, BHANWAROO KHAN
302 – Appeal against Conviction allowed, held – the Prosecution failed to connect the Appellant who was the witness ... deceased at the time of commission of the offence nor the deceased went to his house therefore the testimony of the last minute theory ... and the uncle of the deceased and a resident of the same village with the commission of the offence as he was not seen with the ... This fact is relevant because of the reason that there is no eye witness and conviction has been made only on the basis of circumstanti....
1960 0 Supreme(AP) 284 • India - Andhra Pradesh
MANOHAR PERSHAD
The other witness P. W. 2 deposes: " All the crops raised in Cherlathota have to be carted through Ootikunta way viz. A B C D of the plaint plan". Excepting this bare statement there is also nothing in his evidence to show the ingredients of easement. ... The Commissioner would only given evidence to what he had seen or inspected and that may be evidence only pertaining to the day on which he inspected the site. He cannot be in a position to give evidence as to what would be the position on other days. ... dated 26/02/1957, allowing the appeal and decreein....
• India - Delhi High Court
ANU MALHOTRA
The Intelligence Officer is thereafter indicated to have issued a notice under Section 67 of the NDPS Act, 1985 to Arjun Chand S/o Sh.Girish Chand, r/o B-327, FF Green Field Colony, NIT, Faridabad, Haryana, the independent witness and asked him to tender his voluntary statement on 22.09.2020. ... envelope and on opening the report, it was found that the samples B-1 gave positive test for Diacetylmorphine (Heroin), 6-Monoacetyhnorphine, Acetyl Codeine along with caffeine and the said report and the sealed remnant sealed envelope and the said envelopes were marked to the resp....
2006 0 Supreme(Cal) 140 • India - Calcutta
BHASKAR BHATTACHARYA, P.N.SINHA
claim that he was not given opportunity to cross-examine witness of plaintiff. ... Arun Prasad Ghosh is an attesting witness of the Will and he stated that Bimal Babu executed the Will and he was a witness to the will. He reached office of solicitor Anil Ghosh at Church Lane. ... On behalf of the defendants only one witness was examined who is D. W. 1 Subhasis sen. ... The other attesting witness Anil Ghosh was a relative of Aroon Kumar Bose and Ajit kumar Bose and the third attesting witness#....
• India - Andhra Pradesh
S.PARVATHA RAO
No. 248 of 1981, examined himself as D.W. 1 and he is the sole witness on his side. The 1st defendant and the 6th defendant examined themselves as D.Ws. 2 and 3. They are the main witnesses on the side of the vendors. ... We called Muta Mastan Rao also as D-1 came ….We called him to be witness for agreement to be entered with D-1……………We got an agreement executed by D-1. But we did not pay Rs. 10,000/-. That day agreement was not executed on stamp paper. ... The last balance amount shown is Rs. 8.31. It is not true to suggest that to show....
2013 0 Supreme(All) 1935 • India - Allahabad
ANURAG KUMAR
... The evidence of any witness though he may be hostile is to be seen in its entirety and not in piecemeal. The Hon'ble Apex Court in the case reported in 2012 (78) ACC 124; Atma Ram and others vs. ... PW-6 Raj Kumar Joshi, priest also stated that marriage of Kusuma Devi with Ram Sajiwan took place on 21.05.1986, though prosecution declared this witness hostile, as this witness does not support the prosecution regarding fact of demand of dowry, but only on this ground that witness turned hostile, the .....
• India - High Court of Punjab and Haryana
Another defence witness EHC Chander Singh became a witness stating that he had once seen the complainant indulging sodomy against the petitioner at the trial and supported his version in the witness witness EHC Hoshiar Singh, Incharge Guard, Airport, Kalvehri who stated The order of dismissal and the orders passed in appeal and revision, the last
2025 Supreme(Online)(Guj) 11218 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
IJV, PMR
(6) There is no evidence with regard to last seen together nor the same is established from the CDR to connect the present Applicant with crime in question. ... However, in the last three lines of the siad page has recorded the reasons to the effect that on the date of the alleged offence, the moblie locations of accused were at different places. 8. ... Trial Court at Page No. 85 by referring the Panch Witness at Exh. 61 namely DipenKumar Hiteshbhai Bhavsar has recorded the finding to the effect that t....
1959 0 Supreme(Bom) 88 • India - Bombay
S.P.KOTVAL
That section however gives the court discretion to examine at any stage of attendance though not summoned as a witness, that however is the power vested in the court itself. ... That was a case where a request to examine an additional witness was made after the examination of all the prosecution witnesses and after the prosecution had closed their case. Obviously, different considerations would prevail under those circumstances. ... The application also stated that when the counsel for the prosecution opened the case, he had specifically referred to the ev....
Filter by Legal Phrase
