Manoj @ Munna v. State of Chhattisgarh; 2025 INSC 1466 - S.106 Evidence Act - Last Seen Theory

Indian Evidence Act, 1872 - Section 106 - When a fact lies especially within the knowledge of a person, the burden of proving that fact rests upon him- When an accused is shown to have been last seen in the company of the deceased, it becomes incumbent upon him to explain how and when they parted ways. The explanation furnished must be reasonable, probable, and satisfactory in the opinion of the Court. If such an explanation is offered, the burden cast by Section 106 of the Evidence Act stands discharged. However, if the accused fails to present a credible explanation regarding facts within his special knowledge, this failure constitutes an additional link in the chain of circumstantial evidence established against him. At the same time, it must be emphasized that Section 106 of the Evidence Act does not shift the primary burden of proof, which in a criminal trial always remains on the prosecution-Thus, any adverse inference under Section 106 of the Evidence Act is to be drawn against the accused person when the prosecution has been able to establish the case beyond a reasonable doubt- This provision does not dilute or substitute the prosecution’s fundamental obligation to prove the guilt of the accused beyond reasonable doubt. Rather, it comes into operation only in situations where the prosecution has already established a reasonable inference against the accused. (Para 31-32) Last Seen Theory: The doctrine of last seen rests on the logical presumption that where an individual is last seen alive in the close company of an accused, and is soon thereafter found dead, the accused must reasonably account for the circumstances in which they parted ways, as such facts fall particularly within his knowledge. Thus, it rests on the presumption that human behavior follows natural probabilities, and, hence, the person who was last seen with the deceased must be able to explain the facts that resulted in the subsequent death of the deceased.- It applies only when the time gap between the last seen point and the discovery of the death is so small that no one else could have committed the crime. Even then, this circumstance alone is insufficient and the prosecution must establish a complete chain of circumstances proving the accused’s guilt. (Para 24-28)