New Delhi. Terming as “highly objectionable” the remarks made by a high court about cosmetics and a widow, the Supreme Court on Wednesday said such remarks were not in keeping with the sensitivity and neutrality expected of a court. The court was considering appeals filed against the Patna High Court verdict in a 1985 murder case in which a woman was allegedly abducted to take over her father’s house and later killed.
The high court had upheld the conviction of five people in the case and set aside the acquittal of two other co-accused. The court had convicted and sentenced to life imprisonment both the men, who were earlier acquitted of all charges by a lower court.
A bench of Justices Bela M. Trivedi and Satish Chandra Sharma said that the High Court had examined the question whether the victim was actually living in the house from where she was allegedly kidnapped. The Supreme Court also said that based on the testimony of the woman’s maternal uncle and another relative and the investigating officer, the High Court had come to the conclusion that she was living in the said house. The bench said that the investigating officer had inspected the house and no direct material could be collected except some makeup material, which would show that the woman was actually living there. The bench said that of course, another woman, who was a widow, was also living in the same part of the house…
The bench said the high court had taken note of this fact but brushed it aside saying that since the other woman was a widow, the make-up items could not be hers as she, being a widow, had no need to wear make-up. “In our view, the high court’s observation is not only legally untenable but also highly objectionable. Such sweeping remarks are inconsistent with the sensitivity and neutrality expected of a court of law, particularly when there is no evidence on record to support it,” the bench said in its judgment. The bench said no personal belongings of the deceased like clothes and slippers were found in the entire house.
The bench said the victim had died in August 1985 in Munger district and her relative had lodged a report that she was abducted from her house by seven persons. The bench said an FIR was lodged and later a chargesheet was filed against seven accused. The trial court had convicted five accused for various offences including murder, while acquitting the other two of all charges. In its verdict, the Supreme Court said there was no direct evidence on record to prove that the accused had committed the murder. The apex court acquitted all the seven accused of all charges and directed that if they are in custody, they be released immediately.