*Absence of source of light --Last seen theory

2023 KHC Online 9276
Kerala Hi court
Sanath Roy V State of Kerala
11 October 2023
Crl. A. No. 511 of 2019

*Material objects --- When ownership of the material objects is not conclusively established, the accused cannot be blamed or found fault with for having not offered any explanation as to how he happened to be in possession of the said objects --- Para 10*
*Absence of source of light --- Witness admitting place where he claims to have seen the accused to be pitch ---dark --- Absence of electric post in sketch and admission by village officer that had she seen any electric post in that surroundings, she would have certainly shown the same in Ext.P13 sketch  If that be so, if the surroundings would be pitch-dark at about 10 p.m  it may not be possible for anyone to identify a person at a distance of about 10 to 20 meters  Para 11*
*Circumstantial evidence  In cases based on circumstantial evidence, it is obligatory for the prosecution to prove each and every circumstance forming the chain of circumstances to prove the guilt of the accused  Para 11*
*Appreciation of evidence - error of judgment, if any, made by material witness shall not result in an incorrect finding being rendered by the Court  Para 11*
*Last seen theory---for last seen together theory to apply, the deceased has to be last seen together with the accused before his death--- Para 12*