The Supreme Court has termed as “highly objectionable” the remarks made by a High Court about make-up materials and a widow. The Supreme Court on Wednesday said such remarks are 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 was 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 the High Court had examined the question whether the victim was actually living in the house from where she was allegedly abducted.
The Supreme Court also said that on the basis of 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 the investigating officer had inspected the house and except for some make-up material, no direct material could be found to show that the woman was actually living there. Of course, another woman, who was a widow, was also living in the same portion of the house, the bench said.
The bench said the high court had taken note of the fact but set it aside saying that since the other woman was a widow, “the make-up items could not be hers as being a widow she had no need to wear make-up.”
In its judgment, the bench said, “In our view, the High Court’s remarks are not only legally indefensible but also highly objectionable. Such sweeping remarks are not in consonance with the sensitivity and neutrality expected from a court of law, particularly when they are not supported by any evidence on record.”
The bench said that no personal belongings of the deceased like clothes and slippers were found in the entire house. The bench said that 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 people.
The bench said an FIR was registered and subsequently a chargesheet was filed against seven accused.
The trial court had convicted five of the accused for various offences including murder, while acquitting the other two of all charges. In its verdict, the Supreme Court said that 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.