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september 1985

Supreme Court of India · 1985-09-24

SAMARESH BOSE AND ANR. vs AMAL MITRA AND ANR.

Citation / case number
SC 1973/60351
Court
Supreme Court of India
Petitioner
SAMARESH BOSE AND ANR.
Respondent
AMAL MITRA AND ANR.
Author
AMARENDRA NATH SEN
Bench
AMARENDRA NATH SEN

Judgment text excerpt

The Supreme Court held that the determination of obscenity under Section 292 IPC is not solely reliant on expert testimony but must consider the context and societal standards. The Court found that the Trial Judge's reliance on his own interpretation without adequately considering the expert witnesses' opinions was erroneous. Consequently, the Court overturned the High Court's affirmation of the conviction and sentences, allowing the appeal of the accused.

SAMARESH BOSE AND ANR. vs AMAL MITRA AND ANR. · Niyam