DELHI HIGH COURT REGISTERS SUO MOTO CASE: TRIAL COURT DISCHARGES TWO MEN ACCUSED OF SORTING CHILD PORNOGRAPHIC MATERIAL
The Business Guardian|May 13, 2024
The Delhi High Court in the case Tulir Charitable Trust v.

Union Of India And Ors. observed wherein the Public Interest Litigation is filed registering the suo moto revision petition which challenged a trial court order for discharging two men accused of circulating and storing child pornographic material.

The Division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in the case observed that the findings of the trial court suffered from 'manifest illegalities' and had caused 'miscarriage of justice." The Trial Court in the case observed and has discharged the accused persons for the offence punishable as stated under Section 15(2) of the Protection of Children from Sexual Offences Act, 2012.

The Trial Court in the case observed and has held that Section 15(2) of the Protection of Children From Offences Of Sexual Assault, POCSO Act cannot be invoked against the accused in absence of the criteria to determine the age of the children in the pornographic videos or photos.

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