form depicting rape, child
sexual abuse or conduct, whether explicit or
implicit, or any information which is exactly
identical in content to information that
sexually explicit act in spoken
language. It is not just an expletive,
but is profane and vulgar language
being used referring to a sexually
explicit ... uses words describing
male and female genitalia and
sexual act, thus by words, painting
pictures of sexually explicit act which
brings it under ambit of arousing
sexual
harassment with key ingredients being (a) man committing
physical contact or advances and (b) same involving
unwelcome explicit sexual overtures.
13. As noted above ... prosecution case is based on Ex.P1
- complaint. There is no contention urged about absence of any
of above key ingredients for constituting above
transmitting material depicting children in obscene,
indecent or in a sexually explicit manner.
17. Mr Ahluwalia, learned counsel appearing for Government of
India submitted that ... such pornographic content was
noticed and the suspected device from which such
content was received including the platform on
which the content was displayed
Contents of letters Ex.P-1 to P-4 apparently
influenced the findings of the Trial Court. These letters contain
sexually explicit materials suggestive
years at the time of the incident. At this stage,
the contention of the learned counsel for the petitioner that he
is not responsible ... sexual
assault committed by the accused. The investigation further
revealed that the accused had recorded videos and
photographs of himself engaging in sexually explicit acts
access to read
them. It is alleged that the Accused publish sexually explicit
and immoral articles which have harmed the wellbeing of
society ... person must have published or transmitted material
containing sexually explicit act or conduct.
10. Perusal of the article published in the news
paper 'Karavali
showing
any sexually explicit act and thus no offence as defined under the said
Sections has been committed. In support of his contentions
also pointed out that contents of Section 67-A provide punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form
form depicting rape,
child sexual abuse or conduct, whether explicit or implicit, or any information
which is exactly identical in content to information that
