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    <title>1959 (4) TMI 40 - CALCUTTA  HIGH COURT</title>
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    <description>A publication is obscene if, taken as a whole, it is likely to deprave and corrupt the minds of the ordinary reader, including young persons; the test is not limited to exceptionally sensitive readers. Applying that standard, the Court found repeated and lurid sexual descriptions in the three books, with no sufficient artistic or sociological justification, and held them obscene. On mens rea, the Court held that conscious possession for sale was required and that the surrounding circumstances negated any claim of innocence, so absence of mens rea did not defeat liability. The conviction was sustained, though the sentence was reduced.</description>
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    <pubDate>Wed, 29 Apr 1959 00:00:00 +0530</pubDate>
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      <title>1959 (4) TMI 40 - CALCUTTA  HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=287870</link>
      <description>A publication is obscene if, taken as a whole, it is likely to deprave and corrupt the minds of the ordinary reader, including young persons; the test is not limited to exceptionally sensitive readers. Applying that standard, the Court found repeated and lurid sexual descriptions in the three books, with no sufficient artistic or sociological justification, and held them obscene. On mens rea, the Court held that conscious possession for sale was required and that the surrounding circumstances negated any claim of innocence, so absence of mens rea did not defeat liability. The conviction was sustained, though the sentence was reduced.</description>
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      <pubDate>Wed, 29 Apr 1959 00:00:00 +0530</pubDate>
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