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Supreme Court of Pakistan and Supreme Court of India

Obaidullah and others v. The State compared with Chetan v. State of Karnataka

J.Ps. 14 and 17 of 2020 and Cr.Ps. 1322 and 1323 of 2019; Criminal Appeal 1568 of 2013

Citation: 2025 SCMR 1558; 2025 INSC 793; [2025] 5 SCR 906

Sections 302(b) and 34, Pakistan Penal Code, 1860Sections 164 and 342, Code of Criminal Procedure, 1898Qanun-e-Shahadat Order, 1984: confession, expert and circumstantial evidenceSections 302 and 404, Indian Penal Code, 1860Sections 106, Indian Evidence Act, 1872, and 313, Indian Code of Criminal Procedure, 1973Sections 25 and 27, Arms Act, 1959

Question of law

When does circumstantial evidence form a complete chain sufficient for a murder conviction, and when do defects in implication, confession, recovery, forensic handling, or the accused's statutory examination require benefit of doubt?

Holding

What the Court decided

Both Supreme Courts required each circumstance to be independently proved and the combined circumstances to exclude a reasonable hypothesis of innocence. Pakistan's Supreme Court found multiple missing and unreliable links in Obaidullah. India's Supreme Court found the chain complete in Chetan because credible last-seen evidence, recovery, ballistics, conduct, and property evidence reinforced one another.

Result

Outcome and directions

In Obaidullah, the Supreme Court of Pakistan allowed the appeals after finding that the prosecution failed to prove guilt beyond reasonable doubt. In Chetan, the Supreme Court of India upheld the murder, gold-chain misappropriation, and Arms Act convictions, while granting benefit of doubt on the alleged mobile-phone recovery.

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Authority and later treatment

Publication
Citation recorded: 2025 SCMR 1558; 2025 INSC 793; [2025] 5 SCR 906
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Later treatment
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