There’s a match-fixing between Cong and SDPI; NIA unit in Bengaluru will affect their politics: Tejasvi Surya

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.

Ahmedabad: The investigation into the death of a six-year-old girl in Gujarat's Dahod district has led to a chilling revelation -- the Class I student was choked to death, allegedly by her school's principal after she resisted his attempts to sexually assault her. He then dumped her body in the school's compound and her bag and shoes near the classroom. Police have arrested the accused, 55-year-old Govind Natt.

Senior police officer Rajdeep Singh Jhala said the six-year-old girl's body was found on the premises of her school on Thursday evening, sparking panic in the area. The post-mortem revealed that she suffocated to death. Police registered a case and formed 10 teams to probe the matter. The girl's mother told the police that she went to school with the principal, Govind Natt, every day. When the cops spoke to him, the principal said he had dropped off the girl at the school and left for some work.

The cops were not convinced. When they examined Govind Natt's phone location details on the day of the incident, it was found that he reached school late that day. When he was grilled, the principal confessed to the heinous crime.

"He picked up the girl from her home at around 10.20 am. Her mother helped her get into the principal's car and saw her off. But she never reached the school. The school's students and teachers confirmed this. On the way to school, the principal tried to sexually assault her, and she started shouting," the senior officer said, adding that the principal choked the girl to stop her from shouting.

On reaching the school, the principal left the girl's body in his car and locked the vehicle. "Around 5 pm, he dumps the body behind the school building and plants her school bag and shoes outside her classroom. He denied this initially, but we suspected him after the technical analysis," Mr Jhala said.

Govind Natt, police have said, faces stringent charges under the Bharatiya Nyay Sanhita and the stringent Protection of Children from Sexual Offences (POCSO) Act.

State Education Minister Kuber Dindor said it was a shameful incident for the society. "I am pained by this. We were following this up for three days. We had told police to get to the bottom of this. The principal has been arrested. I condemn this incident and we will take steps to ensure such crimes are not repeated."

Mangaluru: The block level and District Congress Committee presidents in the state will be changed in the next one month for better reach into society and bring in organisational fortification, said Karnataka Pradesh Congress Committee working president G C Chandrasheker on Saturday.

The All India Congress Committee and KPCC have a vision for bringing a change in how the party works with the last man and woman in the state, he said at a press conference here.

"We are looking at bringing development models into the state with a new vision. We are a party that likes to work with the opposition in the developmental aspects and keep all other matters away that do not relate to the development of the state.

"We have a great respect for the people of the coast who are considered to be forward-looking and perceptible, but it is also true that we do not have the numbers in the upper house and in the Urban Local Bodies (ULBs)," he said.

"Our endeavour is to not only create a strong pro-development workforce at the base level by strengthening the second and third level leadership in the state," he said.

Chandrasheker, who is also a Rajya Sabha member, said that he and his four colleagues of the rank of working presidents of the KPCC are going to every district to infuse the new thinking in our workers and leaders.

"This move will get a new surge considering the party is facing byelections in Shiggaon, Chennapatna and Sandhur segments and also vacant seats in the legislative council, followed by elections to the Urban Local Bodies and Panchayats" he said.

When asked about the reason for the changes, Chandrashekar said most of the people have already lived their tenures. The party wants to reward those who have not been given tickets to contest in the 2023 state assembly elections and 2024 Lok Sabha elections for political reasons.

There are quite good leaders and hard-working ground level workers who have great potential to lead the party in the coming years, he said.

"Women will get at least one top post in all District Congress Committees and block levels. There is also a move to give responsible positions for the workers and leaders coming from different strata of society, which are deliverable. The party will not shy away from it," he said.

The other two working presidents, Dr Manjunath Bhandary and Vasanth Kumar, were also present at the press conference.

Kumar said some of the regions in the state are dominated by the BJP. "We want to end this run and defeat the divisive models of the BJP." Bhandary said the Indian National Congress was aiming at a high development phase in the state and involve the opposition parties and their leaders in the development plans in the state.