A Legal Critique of the Offence of Murder Arising from the Doctrine of Last Seen

Abstract

Man is a social animal that interacts and associates with other people in his environment. But there are situations where his human relationship may be negatively impacted. One of such instances is a situation where the person who was last seen with the accused dies and the accused is presumed to be liable for the death of the person. The doctrine of last seen is often relied upon by the prosecution in such circumstance. The doctrine of last seen is a principle in the offence of homicide particularly murder. It is one of the concept or principles that points to the accused person as the culprit responsible for the death of the deceased/victim. For an accused person to be held liable and convicted for the death of the deceased, the evidence of the prosecution must be compelling, irresistible and point to the accused person. This study examined and carried out a critique of the doctrine of last seen as one of the principles of murder with particular reference to an examination of the concept of murder, the doctrine of last seen, the exceptions thereto and the consideration of the doctrine of last seen in India. This study adopted doctrinal research methodology and also placed reliance on both primary and secondary sources. This study concluded that this doctrine should be painstakingly applied to avoid a hasty and erroneous or fatal conclusion as to the cause of death of a person who was last seen with the accused person.