The Supreme Court’s three-judge bench, led by the CJI, had reserved its verdict on April 19.The SC, had earlier, during one of the hearings in March this year, had termed the Madras HC order as “atrocious”, and agreed to hear the plea challenging the HC ruling that has said mere downloading and watching child pornography is not an offence under the POCSO Act and IT Act.Primarliy, the HC had, on January 11, this year, in its order quashed a criminal case against a 28-year-old man, S Harish, charged by the prosecution for illegally downloading and watching on his mobile phone some pornographic content involving children.The HC had quashed the criminal case against Harish under the POCSO Act, 2012 and the IT Act, 2000.The HC had granted relief to Harish on the ground that to constitute an offence under Section 67-B of IT Act, 2000, the accused person (Harish) must have published, transmitted, created material depicting children in a sexually explicit act or conduct. A careful reading of this provision does not make watching child pornography, an offence under the said Section. The HC, had, however, expressed its serious concerns over children used in pornography and watching pornography. Challenging this judgment, the NGO, Just Right for Children Alliance, which work for the welfare of children, had knocked on the doors of the apex court, seeking a direction for setting aside the HC order and sought appropriate directions against the accused, Harish.
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