Patna High Court Upholds Conviction in Child Murder Case Based on “Last Seen” Theory

Patna High Court Division Bench upheld the conviction of an accused in a child murder case, holding that the “last seen together” evidence formed a crucial link in the chain of circumstantial evidence. 

The Court observed that the child was last seen alive with the accused shortly before the body was recovered, and the accused failed to provide any credible explanation regarding the circumstances leading to the death.

Relying on principles under Section 106 of the Evidence Act, the Bench held that when the time gap between the accused being last seen with the victim and the death is very small, the burden shifts to the accused to explain the events.

[Sanjay Bhagat v. The State of Bihar]