Odisha MLA freed after 33 days in Maoist captivity

April 26, 2012

Bhubaneswar, April 26: Odisha MLA Jhina Hikaka was today released unharmed by Maoists at a village in Koraput, 33 days after he was abducted from the same district by the rebels.

Clad in a green kurta and pajama, Hikaka was escorted by a group of tribals to Balipeta village in Maoist-affected Narayanpatna area, where he was believed to have been produced in a Maoist 'praja' (people's) court which agreed to set him free.

The ruling BJD legislator was handed over by the tribals to his wife, Kaushalya Majhi, and a lawyer who fights cases for the ultras and their frontal organisations, Nihar Ranjan Patnaik.

"I am thankful to the tribals and the media for their support. I was very anxious to see him," a relieved and delighted Kaushalya said immediately after meeting her husband.

A medical team, which was present at Balipeta, would examine the 37-year-old, first-time legislator.

The release was officially confirmed here by Home Secretary U N Behera who said, "The MLA has been freed by the Maoists."

According to the Maoist Andhra-Odisha Border Special Zonal Committee (AOBSZC) which had held him captive and produced him before a 'praja' court, Hikaka had given a written undertaking that he would resign from the state Assembly and from the BJD and work for the people.Looking cheerful and smiling after his gruelling ordeal, Hikaka said, "I am free now. I am in good health.

"I was treated quite well and not tortured, " he said shaking hands with the lawyer.

He said he did not have an idea where he was held by the Maoists, who moved him from place to place all through his captivity.

The Maoists had refused to hold talks with the state government on their demands through mediators. They had extended the deadline for release of 29 prisoners unconditionally four times for the release of Hikaka.

When the government failed to fully agree to the terms set by the ultras, they announced that Hikaka, who was kidnapped on March 24 when he was returning home to Laxmipur from Koraput town, would be tried in a 'praja' court.

Another Maoist group, the Odisha State Organising Committee had kidnapped two Italian nationals Claudio Colangelo and Paolo Bosusco on March 14 in Kandhamal district.

Colangelo was released on March 25 and Bosusco on April 12.

The hostage crisis took place about a year after the abduction of then Malkangiri district collector R Vineel Krishna in February 2011.

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Mere downloading or watching of child porn is also offence under POCSO Act: Supreme Court

News Network

September 23,2024

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.

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