'Highly Objectionable': Supreme Court Criticises Patna HC Remark That Widow Has No Use Of Make-up
The Supreme Court today (September 25) held that the sweeping remarks made by the Patna High Court that a widow does not need to wear make-up are highly questionable.In this case, the Supreme Court was hearing an appeal by seven accused persons convicted by the Trial Court and then by the Patna High Court in the abduction and murder of a woman over a dispute for property. The Court acquitted...
The Supreme Court today (September 25) held that the sweeping remarks made by the Patna High Court that a widow does not need to wear make-up are highly questionable.
In this case, the Supreme Court was hearing an appeal by seven accused persons convicted by the Trial Court and then by the Patna High Court in the abduction and murder of a woman over a dispute for property. The Court acquitted all seven persons on grounds that the prosecution's version of the story was highly untenable.
In this case, one of the issues raised by the Court was whether the woman residing in the property where the incident took place. It found that only the witnesses related to the deceased had deposed that she was residing in the house at the time of the incident. During the investigation, the police had found make-up articles and it was admittedly found that another woman was residing in the same portion of the house.
The Patna High Court did take note of this fact but added that the make-up articles could not have belonged to the woman as she was a widow as there was no need for her to put on make-up.
Taking an objection of the same, a bench of Justices Bela M. Trivedi and Satish Chandra Sharma observed: "In our opinion, the observation of the High Court is not only legally untenable but also highly objectionable. A sweeping observation of this nature is not commensurate with the sensitivity and neutrality expected from a court of law, specifically when the same is not made out from any evidence on record."
Detailed report about the judgment can be read here.
Case Details: Vijay Singh@Vijay Kr. Sharma v. The State of Bihar, Criminal Appeal No. 1031 of 2024
Citation : 2024 LiveLaw (SC) 746