The Supreme Court 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 comments were not in keeping with the sensitivity and neutrality expected from 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 murdered.
The high court had upheld the conviction of five persons in the case and set aside the acquittal of two other co-accused.
The court had convicted and sentenced both the men, who were earlier acquitted of all charges by a lower court, to life imprisonment.
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 verdict, the bench said, ‘In our view, the remarks made by the High Court are not only legally untenable but also highly objectionable.
Such sweeping comments are inconsistent with the sensitivity and neutrality expected of a court of law, more so when they are not supported by any evidence on record.’
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