Is a 6-Year Prison Sentence Enough for Child Sexual Abuse in UP?
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Prayagraj, Dec 19 (NationPress) A Special Court in Prayagraj has imposed a six-year prison term on a man from Uttar Pradesh, alongside a fine of Rs 55,000, following a conviction for child sexual abuse and the online distribution and possession of Child Sexual Abuse Material (CSAM), as confirmed by an official.
The court found Mohammad Zaki guilty under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Information Technology Act, 2000.
In addition, the court granted compensation of Rs 115,000 to the victim.
The Central Bureau of Investigation (CBI) initiated the case on December 27, 2021, following a reference from Canada’s National Central Bureau via Interpol.
The report indicated that an Indian user on social media was suspected of disseminating child sexual abuse material on a different platform.
“The investigation revealed that the accused was engaged in the sexual exploitation of minor girls, with evidence showing that he shared photos and videos of the victims' exploitation on various social media channels,” stated the CBI.
The probe agency submitted a chargesheet on December 31, 2022.
Zaki is alleged to have sexually exploited four minor girls and committed acts of aggravated sexual abuse.
According to Section 14 of the POCSO Act, 2012, anyone using a child for pornographic purposes can face imprisonment for up to five years along with fines.
Further, Section 15 outlines that any individual who stores any pornographic material involving a child for commercial use may be imprisoned for up to three years and/or fined.
The Information Technology (IT) Act, 2000 includes stringent measures against cybercrimes. Section 67B specifically penalizes the publishing, browsing, or transmission of child pornography in electronic formats.
Section 79 of the IT Act and the Information Technology (Intermediary Guidelines) Rules 2011 mandate that intermediaries exercise due diligence while performing their duties and inform users accordingly.