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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."

Nagpur: Union Minister Nitin Gadkari on Sunday teased his cabinet colleague Ramdas Athawale over his ability to hold onto his cabinet spot across multiple governments. "It may not be guaranteed that our government will return for a fourth term, but what is definitely guaranteed is that Ramdas Athawale will become a minister," he remarked at an event in Maharashtra's Nagpur.

The playful jibe, with Mr Athawale present on stage, was followed by Mr Gadkari clarifying that he was "just joking."

Mr Athawale, leader of the Republican Party of India (RPI), has served as a minister three times and expressed confidence in continuing his streak if the BJP returns to power.

Mr Athawale on Sunday said his party RPI (A), an ally in the ruling Mahayuti government in Maharashtra, should get to contest on at least 10 to 12 seats in the upcoming assembly elections. Addressing a press conference in Nagpur, Mr Athawale said the RPI-A will contest the election on its party symbol and ask for three to four seats in Vidarbha, including north Nagpur, Umred (Nagpur), Umarkhed in Yavatmal and Washim.

Mr Athawale's party is part of the Mahayuti alliance, comprising the BJP, Shiv Sena led by Chief Minister Eknath Shinde and Ajit Pawar's NCP.

The Union minister said, "The RPI-A has made a list of 18 probable seats, which it will be sharing with the Mahayuti partners in a few days and expects to get at least 10 to 12 seats in the seat-sharing pact." He said the BJP, Shiv Sena and NCP should give four seats each from their quota for his party.

In Palghar earlier this week, Mr Athawale claimed that due to the inclusion of the Ajit Pawar-led NCP in the Mahayuti government, the RPI (A) did not get any ministerial berth in the state despite a promise.

He claimed that the party was promised cabinet positions, chairmanship of two corporations, and roles in district-level committees, but all this could not happen because of Pawar's inclusion.

The elections to 288 assembly seats in Maharashtra are likely to be held in November.

In the current assembly, the BJP is the single largest party with 103 MLAs, followed by Shiv Sena 40, NCP 41, Congress 40, Shiv Sena (UBT) 15, NCP (SP) 13 and others 29. Some seats are vacant.