DIMAPUR, SEPTEMBER 21 (MExN): The Special Court, POCSO, Kohima has convicted a 34-year-old man from Chümoukedima district in a cybercrime case involving Child Sexual Abuse Material (CSAM), sentencing him to 2 years’ rigorous imprisonment and fines under the Information Technology Act and the POCSO Act.
The judgment was delivered by Special Judge, POCSO, Kohima, Mezivolu T Therieh, NJS, on September 15, while the sentence was pronounced on September 21.
A press release from the Public Prosecutor, Kohima informed that the accused, identified as Tova Sema of Chekiye Village, was convicted under Section 67B of the Information Technology Act, 2000 and Section 15(1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The court sentenced him to 2 years’ rigorous imprisonment and a fine of Rs 50,000 under Section 67B of the IT Act, with an additional three months’ simple imprisonment in default of payment. It also imposed a fine of Rs 5,000 under Section 15(1) of the POCSO Act, with one month’s simple imprisonment in default.
The case originated from information received through Stockholm Interpol and subsequently communicated to Indian authorities through the CBI/Interpol channel concerning suspected CSAM-related activity on Wickr.me, the release stated.
Following the information, the Cyber Crime Police Station, PHQ, Kohima, conducted an investigation and seized electronic devices for forensic examination. The examination reportedly revealed 1,212 images, nine videos and associated chats involving 18 Wickr.me groups, including material depicting minor children in sexually explicit and exploitative situations.
While determining the sentence, the court considered the aggravating and mitigating circumstances presented by both sides. The court observed that the convict was found in possession of numerous images and videos depicting minor children in sexually explicit and exploitative situations.
“Such possession and circulation affects the dignity of the children and contribute to their continued exploitation,” the court observed, adding that the nature and quantity of the material, along with uploading, sharing and transmission activity, were relevant considerations in determining the sentence.
The court also considered the Supreme Court judgment in ‘Just Rights for Children Alliance & Anr. v. S. Harish & Ors.,’ concerning the scope of the relevant provisions and Child Sexual Exploitative and Abusive Material (CSEAM).
The prosecution examined six witnesses and relied on documentary, electronic and forensic evidence. The court held that the prosecution had proved the case beyond reasonable doubt, according to the release.
The investigation was conducted by Inspector Ncumbemo Ngullie of the Cyber Crime Police Station, PHQ, Kohima, while the State was represented by Additional Public Prosecutor Abraham.
The Public Prosecutor's Office described the case as among the early cases of its kind in Nagaland involving international cybercrime information, digital forensic investigation and prosecution concerning CSAM.
It stated that the case highlighted the role of inter-agency cooperation, international information-sharing, cyber investigation, digital forensics and prosecution in addressing crimes involving children in the digital environment.
