Supreme Court of India
R. Sreenivasa v. State of Karnataka
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From the headnote
Issue for consideration: High Court if justifi ed in reversing the acquittal order passed by the Trial Court qua the appellant-accused acquitting him of off ences u/ss.302 and 201, IPC by which it held that the prosecution had failed to prove that the deceased was last seen in the com pany of the appellant. Evidence – Circumstantial evidence – Last seen theory – When cannot be invoked: Held: The ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt – In the present case, ther e is no defi nitive evidence of last seen and that theory itself i s in doubt –
Authorities it was built on
- 1984 Sharad Birdhi Chand Sarda v. State of Maharashtra
- 2007 Chandrappa and Ors. v. State of Karnataka
- 2012 Sahadevan & Anr. v. State of Tamil Nadu
- 2015 Nizam & Anr. v. State of Rajasthan
- 2014 Kanhaiya Lal v. State of Rajasthan
- 2019 Shailendra Rajdev Pasvan and Others v. State of Gujarat Etc.
- 2023 Suresh Thipmppa Shetty v. The State of Maharashtra
- 2022 Chotkau v. State of Uttar Pradesh
- 2022 Jafarudheen & Ors. v. State of Kerala
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