Amar Sardar vs The State Of West Bengal

insc-2024-1040 Supreme Court of India 12 December 2024 • 7 min read

Judges (2)

B.V. Nagarathna Delivered N. Kotiswar Singh Coram

Counsel (7)

Aayushi Counsel Appellant Abhijit Pattanaik Counsel Respondent Anindo Mukherjee Counsel Appellant Astha Sharma Counsel Respondent Rameshwar Prasad Goyal Counsel Appellant Ranjan Mukherjee Counsel Appellant Srisatya Mohanty Counsel Respondent

Parties (2)

State of West Bengal Respondent Amar Sardar Appellant

Case Significance

Amar Sardar vs The State Of West Bengal is a Supreme Court of India decision dated December 12, 2024 (citation: insc-2024-1040). The Supreme Court allowed the appeal against conviction under Sections 376/511 and 354 IPC (attempted rape and outraging modesty), finding that the Calcutta High Court did not independently evaluate the evidence on record. The appellant had been convicted by the Fast Track Court and sentenced to 7 years for attempted rape and 2 years for outraging modesty. The Court set aside the High Court's judgment and remanded the matter for fresh consideration with independent assessment of evidence. The bench comprised Justices B.V. Nagarathna and N. Kotiswar Singh. The judgment was delivered by Justice B.V. Nagarathna.

Summary

The Supreme Court allowed the appeal against conviction under Sections 376/511 and 354 IPC (attempted rape and outraging modesty), finding that the Calcutta High Court did not independently evaluate the evidence on record. The appellant had been convicted by the Fast Track Court and sentenced to 7 years for attempted rape and 2 years for outraging modesty. The Court set aside the High Court's judgment and remanded the matter for fresh consideration with independent assessment of evidence.

What was the outcome of Amar Sardar vs The State Of West Bengal?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-1040)