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.