High Court quashes 20-year jail sentence in child nudity case
In the absence of credible evidence, the High Court ruled to quash both the lower court's judgment and the 20-year jail sentence.
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High Court on Tuesday overturned a 20-year jail sentence handed down by a lower court for possessing nude photos and videos alleged to involve a child.
The High Court's unanimous ruling exonerated the accused, citing insufficient evidence to support the charges.
The man faced two charges filed by the prosecution:
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Under the Special Procedures Against Child Sexual Offenders Act, he was charged with "making nudes showing a child's genitals exposed."
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Under the Penal Code, he was charged with making nudes.
In its judgment, the High Court emphasized that for a conviction under the Special Procedures Against Child Sexual Offenders Act, it must be proven beyond doubt that the nude depicted the nakedness of a child. However, the prosecution failed to present any evidence to substantiate this claim.
In the absence of credible evidence, the High Court ruled to quash both the lower court's judgment and the 20-year jail sentence.
The ruling carries significant implications for the accused, who has already spent more than a year in custody. Under the law, the penalty for the offense of possession of a nude is a maximum of three months in prison.
