Section 8(2)
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“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
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Md. Asikur Rahman –Vs.- The State |
8 ALR (HCD) 273 |