Cutting off Nose of person is a method of Punishment or its a Revenge: Rajasthan high court clarifies that.
Rajasthan High Court Condemns Nose Cutting as a Serious Offence
Recently, the Rajasthan High Court emphasized the gravity of severing someone’s nose, referencing its cultural and historical significance in India.
Judicial Insights on Cultural Importance
While dismissing bail applications from accused individuals involved in attacking a man, Justice Rajendra Prakash Soni pointed out the importance of the nose as a vital body part. He noted its deep social and cultural relevance, particularly within the Indian context.
Impact of Disfigurement
The Court remarked, “The nose serves both functional and symbolic purposes. It plays a crucial role in shaping a person’s identity, self-esteem, and appearance. Severing a nose results in irreversible disfigurement, leading to emotional distress and social stigma. Historically, in Indian culture, such an act has been viewed as a method of punishment or revenge, intended to humiliate the victim and socially isolate them.”
Escalation of the Crime’s Severity
The symbolic and cultural weight associated with this act contributes to the classification of the crime as especially serious. The Court indicated that the physical, emotional, and social consequences of such an act are significant.
Context of the Incident
The accused included the victim’s brother-in-law, and both families were interconnected through marriages. Due to ongoing marital disputes, the women involved were residing with their parents instead of their husbands. The victim was allegedly preparing for a second marriage without obtaining a divorce from his wife, which heightened tensions between the families. The accused reportedly confronted the victim, using a sharp weapon to sever his nose.
Legal Charges
Charges of grievous bodily harm and attempted murder were filed against all accused parties.
Defence’s Bail Argument
The defence counsel argued that the victim had only one injury, claiming it was neither life-threatening nor a fracture, suggesting this as justification for bail.
Court’s Dismissal of Bail Request
The Court found this argument to be ridiculous, asserting that the alleged actions demonstrated extreme cruelty. It expressed a firm decision not to grant bail, taking into account the seriousness of the crime, the involvement of the accused, and their prior criminal history.
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