‘Miscarriage of Justice’: Delhi High Court Converts PIL Into Revision Plea Against Trial Court Judgment for Closing Case Against Men Accused of Sharing Child Pornography
Division Bench made up of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora noted that the trial court's ruling had "manifest illegalities" and had resulted in a "miscarriage of justice."
The Delhi High Court recently, and in an extremely unusual move, used its suo motu revision powers to turn a public interest litigation (PIL) petition into a revision plea against a trial court judgement that had closed a case against two men accused of watching and sharing child pornography under the Prevention of Children from Sexual Offences Act (POCSO Act). Even though a PIL in a criminal case is rarely considered, a Division Bench made up of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora noted that the trial court's ruling had "manifest illegalities" and had resulted in a "miscarriage of justice." The Court observed that the Additional Sessions Judge (ASJ) interpreted Section 15(2) of the POCSO Act primarily using the definition of "child" found in Section 2(d) of the Act, ignoring the definition of "child pornography" found in Section 2(da) of the same Act. HC on Child Pornography: Kerala High Court Says Strict Proof for Determining Age Not Required in Every Case of Child Pornography, Lays Down Guidelines.
Delhi High Court Converts PIL Into Revision Plea in Child Pornography Case
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