6. EVIDENCE - DOCTRINE OF LAST SEEN: When the doctrine of last seen can be invoked "The undisputed evidence on record is that the Appellant who is a neighbour to PW6's father (PW2) and enrolled PW6 in the school where he teaches, sometimes takes her to and back from school. On the fateful day, 11th June, 2013 the Victim was seen by most staff of the school including PW7, the Head Teacher of the school, playing on the Appellant's motor-cycle and when told to go home, she said she was waiting for her uncle, the Appellant. The Appellant admitted he dropped her at home as confirmed by his wife, DW2 and PW6's mother, PW4. She was hale and hearty when last seen in school and soon as Appellant dropped her at home and she went into the toilet to ease herself, her mother, PW4 heard her crying, and upon being examined, noticed that her private part had been tempered with. Between the time she was last seen in school hale and hearty and the time she was dropped by the Appellant at home and her mother heard her crying and her vagina blood stained, was such a short time that appropriately fits the applicability of the doctrine of "last seen" a doctrine that has gained global application and acceptability. The doctrine of last seen as explained in HARUNA VS ATTORNEY GENERAL OF THE FEDERATION (2012) 9 NWLR (PT. 1306) 419 (SC) per Adekeye JSC, means that the law presumes that the person last seen with a deceased bears full responsibility for his death. Thus where an accused person was the last person to be seen in company of the deceased and circumstantial evidence is overwhelming and leads to no other conclusion, there is no room for acquittal. This doctrine applies when the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small or short that the possibility of any person other than the accused being the author of the crime becomes impossible, so said ARIWOOLA JSC at Pages 51 - 55 paragraphs F - D in MADU VS THE STATE (2012) LPELR - 7867 (SC). In such circumstances the onus shifts squarely to the accused person to offer an explanation, a plausible explanation, showing that he was not the person responsible. In NWAEZE VS THE STATE (Supra). Adio JSC had this to say: "... the position then is that if Mr. A was last seen with or in company of Mr. B and the next thing that happened was the discovery of the corpse of Mr. A then, irresistible inference is that Mr. A was killed by Mr. B the onus will be on Mr. B to offer explanation for the purpose of showing that he was not the one that killed Mr. A". Though the above cases involve charge of murder or culpable homicide, the law applies with equal force in a situation such as the one at hand where the Victim was last seen with the Appellant in healthy condition and the next thing was that she was seen with blood stained vagina and inflammation. The burden was shifted to the Appellant with whom she was last seen healthy, to offer a plausible

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