Question

The ``Last Seen Theory'' is most effectively utilized to:

• A. Prove that the accused had a motive to commit the crime.
• B. Shift the burden of explanation to the accused based on their special knowledge of the events.
• C. Replace the need for a post-mortem report.
• D. Identify the victim's social standing before death.

Hint:

The Last Seen Theory is only one circumstance in a chain of evidence. It should ordinarily be corroborated by other evidence before recording a conviction.

Answer 1

The Correct Option is B

Concept: The Last Seen Theory applies where the accused and the deceased were last seen together under circumstances in which no one else could have intervened. In such cases, the burden may shift to the accused to explain the circumstances, especially under the principle of special knowledge. Step 1: Recall the principle.
The theory does not by itself establish guilt but requires the accused to explain facts that are especially within their knowledge.

Step 2: Analyse the options.

• Prove motive -- Incorrect.

• Shift the burden of explanation to the accused based on special knowledge -- Correct.

• Replace the need for a post-mortem report -- Incorrect.

• Identify the victim's social standing -- Incorrect.

Step 3: Final conclusion.
Hence, the Last Seen Theory is primarily used to \[ \boxed{\text{Shift the burden of explanation to the accused based on their special knowledge of the events}.} \]