Delhi court summons Congress leader D K Shivakumar in 2018 case

New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

Indore: Two Army officers were thrashed and one of their two women friends was allegedly gang-raped by armed miscreants when they were out on a picnic in Madhya Pradesh's Indore district in the wee hours of Wednesday.

Additional SP Rupesh Dwivedi said on Wednesday night that six suspects had been identified, two of whom have been detained from the jungles.
Both Army officers were injured in the mob attack. One of them managed to dial his senior officers but by the time police arrived from Mhow, 30km away, the woman had already been gang-raped.

The two Armymen are undergoing the Young Officers course at Infantry School, Mhow, SP Rural Hitika Vasal said.

According to the complaint filed by one of the lieutenants, the four of them had driven to Ahilya Gate near Jam Gate on Mhow-Mandleshwar road on Tuesday night. Built in 1791 by Rani Ahilyabai Holkar, Jam Gate is a popular picnic spot for its stunning views of the valley below, and the temple near Ahilya Gate draws a lot of devotees.

Around 2.30am, one of the officers and his female friend were in the car when 6-7 men attacked them. The other pair was atop a nearby hillock then and rushed down on hearing the confrontation.

The complaint says that the attackers held the pair they had attacked in the car hostage at gunpoint. They asked the other officer to bring Rs 10 lakh in ransom. This gave the officer - who was accompanied by the other woman - a chance to inform his seniors at Mhow, who in turn alerted police.

A large police force was dispatched to the spot but the attackers had escaped into the forest by then. All four of them were brought to Mhow Civil Hospital around 6.30am where a medical examination confirmed one of the women had been gang-raped. As per the duty doctor, there were injuries on both officers' bodies. "The complainant has alleged that the woman who was with him was raped, and they were looted as well," SP Vasal said.

Badgonda police registered a case under BNS sections 70 (gang-rape), 310-2 (dacoity), 308-2 (extortion) and 115-2 (voluntarily causing hurt), plus sections of Arms Act.

Forces from four police stations combed the jungles near Chhoti Jaam village and picked up two suspects.

Mysuru: More than 50 people have been arrested in connection with the riots between two groups of different faiths, at Nagamangala town, Mandya district, over the Ganesha idol procession, on Wednesday night.

High drama prevailed in front of the Nagamangala town police station on Thursday morning, with women belonging to both Hindu and Muslim communities staging a protest against the arrest of their family members and demanding their release.

The two groups started arguing over the Ganesha idol procession on the Mysuru-Nagamangala road, near a 'dargah'. This soon turned violent with stone being pelted. Reports said that around 25 shops were also set on fire.

Several vehicles were damaged and torched by the mob. However, police intervened and brought the situation under control, deploying additional police forces.

Holiday has been declared to schools and colleges in Nagamangala town until further notice. Police have imposed section 144 till 12 noon of September 14.

SP Mallikarjuna Baladandi, IGP (Southern Range) Boralingaiah, DC Kumar and other officials visited the spot.

District incharge Minister N Chaluvarayaswamy visited the spot on Thursday morning and took stock of the situation. Speaking to reporters he said, the incident was unfortunate.

"The clash which started around 9 pm on Wednesday, flared up with miscreants setting fire, damaging shops and vehicles in the town. There is no need for anxiety. Additional police forces have been deployed in the town and the situation is under control now," he said.