“Crime” is a positive or negative act in violation of Penal Law, an offence against state. A crime may be defined to be any act done in violation of those duties which an individual owes to the community and for the breach of which the law has provided that the offender shall make satisfaction to the public.
The High Court Division held that the said Ain is a proper law and suit to society which was enacted for awarding proper punishment upon criminals for the offences affecting women and children. It had, also, been pointed out that there must be liberal interpretation of the Statute and liberal construction of words and literal construction must be avoided if the same defeats the manifest object an purpose of the Ain. It has already been noted that the Bengali word “নীতিগর্হিত” is in English “immoral” and “disregardful of morality”. The word “immoral” must be construed liberally and the court must adopt that construction which “suppresses the mischief and advances the remedy”.Having scrutinized and scanned the testimonies of PWs. High Court Division is of this positive view that they are credible and truthful witnesses and their evidences are absolutely worthy of credit and the same can be unhesitatingly accepted by the court. The Bishesh Adalat also accepted their evidence on the question of commission of crime under Section 8(2) of the Pornography Niyantron Ain, 2012. Accordingly appeal is dismissed. Md. Asikur Rahman –Vs.- The State (Criminal) 8 ALR (HCD) 273
It appears that scene of sexual intercourse of man and woman if photographed and if the said photographed is used to shake the social prestige of any person that constitutes offence under Section 8(2) of the Pornography Niyantron Ain, 2012. The convict-appellant made videography of the scene of sexual intercourse with the victim and made the same viral along with ulterior object of diminishing the social prestige of the victim, her father and the family and therefore, the question is immaterial whether the said porno scene was videographed after the lawful marriage or before the marriage at the time of love affair with the victim. Md. Asikur Rahman –Vs.- The State (Criminal) 8 ALR (HCD) 273
On a meticulous survey of findings and evidence, browsing materials on record and considering the facts and circumstances of the case, High Court Division is of the considered view that all the above mentioned ingredients under Section 8(2) Of the Pornography Niyantron Ain-2012 have been found against the appellant which proves that the accused appellant had committed so serious offence which made the life of the victim hell i.e. "সামাজিক মর্যাদাহানি"| "ধারনকৃত কোন পর্ণগ্রাফির মাধ্যমে মানসিক নির্যাতন ইত্যাদি"
Md. Asikur Rahman –Vs.- The State (Criminal) 8 ALR (HCD) 273