This mod will allow the moderator to set a priority for any topic.
then by priority (Descending), and then topic id (descending).
or remove priority from any topic.
in my case, a forum dedicated to distributing official attachments.
Mike where are your glasses ??
This mod is only for administrators?
My moderators can not be used, why?
Este MOD es solo para administradores?
Mis moderadores no lo pueden usar, ¿porque?
do you moderators have access to that forum..?
Yes, they have access to these forums.
This option, I see on the panel moderators at the end of each topic.
Si, ellos tienen acceso a esos foros.
Los moderadores no ven esta opción, en los foros que controlan, dejo dos imágenes.
Esta opción, yo la veo en el panel de moderadores al final de cada tema.
so as admin you can see the changes....?
Edit all files for third time, got on the FTP, delete the forum cache, delete browser cache (use one for Administrator, one for moderator and one for user, for fast access), check permissions.
And finally seen both as Administrators Moderators.
I think my problem was with the browser and the cache.
Edite todos los archivos por tercera ves, los subí a FTP, borre cache del foro, borre cache de exploradores (uso uno para Administrador, uno para Moderador y uno para usuario, para acceso rápido), revise permisos.
Y finalmente se ve tanto para Moderadores como Administradores.
Yo creo que mi problema era con el explorador y el cache.
I have installed this mod but for some reason i cant see the priority on the moderate page.
When I click on "moderate this forum" i can set the priority but after I set it and go back into "moderate this forum" to change the priority I can't see the priority I have already set and so I don't know the number i have used.
The Mod works fine but I just can't see the current priority numbers in "moderate this forum".


This original report, sponsored by RSA, examines the challenges that financial institutions face in trying to manage fraud schemes that cross, and take advantage of, different banking channels.
Although legitimate customers benefit from access to traditional as well as digital channels, so, too, do fraudsters, particularly when it comes to account takeover. Unfortunately, financial institutions (FIs) have generally been unprepared for the efforts of fraudsters to leverage vulnerabilities across the full range of channels that FIs support, and, as a result, cross-channel fraud schemes have become an effective way to takeover and drain customer accounts. So, while the adoption of an omnichannel approach within banking would logically dictate an omnichannel approach to fraud detection and management, for many financial institutions, recognizing this simple paradigm remains far easier said than done.
In support this research, Javelin conducted a series of qualitative, phone-based interviews with senior financial institution executives who have input and/or decision-making authority regarding the products and services that address and protect omnichannel offerings. These executives' institutions each hold more than $20 billion in deposits and are based in the United States.


Brief (try to be!) To the point. Things that jump out.
At the time of Noah, after the events of the flood, God made a solemn promise... as Noah was worshiping with a sacrifice at the altar atop Ararat.
1.) Preterist – "Replacement" Theology – An obvious error; God is not finished with Israel.
Within "no one knows the day or hour" portion of Matthew ch. 24 – lies an important question: Who was "taken?" In another post the "Wheat and Tares" parable (Mt. 13:24-30, 36-43.) is cited as being foundational to our understanding.
To this end, one notes in Ch. 24:39, the word "took" - and the realization that this should, therefore, control the inference of "who" due to the word "taken" in v's 40 & 41. In the story of Noah, it is the evil that is taken out of the World. And so, when one is taken from the feild and another from grinding flour, it is the unsaved -- taken out to judgement.
As to timing of events, we should presuppose nothing, except what scripture indicates.
If the harvest is to follow the Lord's wrath on evil men, then one supposes these events to occur in relatively quick succession ... as would the harvest predicted by Christ in Mt. 13. Imagine: all of the evil gone, and the Lord's workers diligently and carefully bringing in the Harvest... then it's probable when He comes for us, our personal experience will happen in an instant (as Paul forecast.) But for believers widely separated across the face of the earth, it won't happen everywhere all at once – just as a harvest begins with the ripest grain and proceeds over a period of time to collect each area of the fields.
It's possible the mourning will be for those taken, whom the elect will realize -- have gone to their doom. OT mourning took time: Israelites mourned thirty days for Aaron (see Nu 20:29) but fasted only seven days for King Saul (see 1Sa 31:13).
These pictures are very deep, and not much discussed.
And then there is the OT law / lesson of the reapers leaving the corners ... ?
Since about 1850 the concept of the Rapture has existed. But particularly within this generation, we view scripture through the lense of a very muscular latter-day hermeneutic men developed over decades in support of a particular eschatology. (Perhaps most recently given rigorus intellectual treatment by Geisler, for example.) Rapture theory. In the case of the story of the two people in bed, one taken and the two women grinding grain, one taken -- we have always heard it taught that this is picture of the Lord come to "take us home."
Yet prior to this in Mathew 13:24-30 Jesus gave the Parable of the "Wheat and Tares" -- in which He clearly capped the issue -- Saying in his subsequent explanation (13:36-43) that He was the sewer and that the "feild is the world." The seed would be left to grow until the time of the end, so that the seed of the Lord would not be disturbed. Very plainly this is a picture of His Church. And it is not a picture of an interruption of His Church by the Rapture of the Church, and then more seed being saved in the Tribulation.
Importantly the Tares are first "cut down" and destroyed in the fire. Then the "Wheat is gathered" into the Lord's Barn.
"Just as it was in the days of Noah, so also will it be in the days of the Son of Man.People were eating, drinking, marrying and being given in marriage up to the day Noah entered the ark. Then the flood came and destroyed them all.
"It will be just like this on the day the Son of Man is revealed. On that day no one who is on the housetop, with possessions inside, should go down to get them. Likewise, no one in the field should go back for anything.
Remember Lot's wife! Whoever tries to keep their life will lose it, and whoever loses their life will preserve it.
Then, it is CERTAIN that those taken are not being lifted to heaven, but carried away to destruction ... where the "vultures will gather."
Death draws those who feed on carcasses.
In a dead church one encounters those who feed on the rotting substance of perverted doctrine.
The scripture -- the Deciples are wondering about the ones taken -- one each from the bed and from grinding grain. "Where Lord, have they been taken?" Christ's response is that the vultures are gathered where death is.
Remember the Parable of the Wheat and Tares -- that the seed sewn by the Enemy is left to mature along side the wheat until the time of the end, then the Angels are dispatched to first cut down the tares and burn them, and then the Lord gives the command to gather the wheat into His barn.
Another picture is of Noah -- where he was kept away from the flood that took all those who didn't enter the Arc.
As much as the clothing was equivalent from person to person, no pair of shoes was the same - everyone had different shoes**.
There are three main aspects to the dream.
All of the stuff about the "Eternal" – Mainly the Gifts of rebirth and life, and of covering for entering the Kingdom of God.
All of the stuff about me – Boundaries between what I am and what I can do.
All of the stuff about the the Clothes – Though given initially with a covering of insignificance, becomes the main point of the dream!
About the clothes – Those wealthy and poor, those new to Christ and those who've "worn the Faith" for decades all dressed alike with the knowledge of good and evil. And then discernment of contrasting internal attitudes to which I can only blurt: Do we have great reverence and concern for the Temple of God? See Lu. 17:20.
One notes differences between those who have come to the party expecting rewards and those who arrive only out of willingness to serve.
Please carefully read Mathew chapter 20! Those that came late? Hungover, unworthy, dirty, unprepared? What wage could they expect? Was it their willingness to serve, to give what they had -- labor for an hour -- that the Lord received as his preferred offering.
The main point of this dream is the internal Temple of God. What is wrapped in likeness (Church Goers!), covered and shod with gifts of grace does not assure the quality of what is contained.
Lord increase our faith. Establish us in good soil, with like neighbors – and keep us from the deception of works and appearance, from the temptation to count the gain and avoid the cost – so that we will truly and daily manifest, in your time, the fruits you wish us to bear.
*Pay attention to that which we first judge unimportant … it may be the fulcrum of undersanding.
**Shoes – The place where everyone walking along the Way contacts the world. The substance retreading the soles of the shoes cushions against sharp stones on our path, insulates us from the chill and heat. The retreading provides a firm grip, not slipping. Every walk, gait and foot is different requiring different shoes. No matter how far one progresses, there is no wear, the shoes are new every day.
7/31/2013 -- Have recently noted that in the book Pilgrims Progress (John Bunyan. 1690, written while in prision for preaching the Gospel in England) -- at the Palace Beautiful early in the story -- Christian, as part of his armor, recieved shoes that would never wear out.
It is widely understood that Jesus was to the Disciples in His age as Pastors are to the Church in our age.
In many new testament instances we read of the Disciples questioning Jesus, his answers, encouragements and cajoling. His teaching was interactive, participatory, focused on 12 men. When He sent them out it was two by two. After Pentecost the examples detailed consistently feature a single speaker and helper going out to "Preach the Gospel."
Preaching is so strongly featured in scripture, the "Church" as we've become used to it, revolves around a single someone giving a speech in a lecture format. Out of a "successful" ministry, the Pastor publishes commentaries, daily readers, and self-help how-to books. To Sunday services, toss in some "worship" and don't forget the offertory interlude ... perhaps coffee in the "fellowship" hall were "drive-by" Christianity blossoms. Communion anyone? We are less surprised by a video or skit, or some other props. I once saw a Preacher (whom I respect) drive his Harley onstage to use it in a manner that seemed to make sense at the time. Christians hear sermons live in groups of thousands, over the radios in our cars in 22 minute sound bytes so there is time to stump for money and sell books, DVD's and trips to Israel. We watch preaching on TV and it gets worse. We download and listen later. Pretty convenient! All very sanitary and consumer oriented. Lucrative products with stunning economic size (estimated $1T in 2009.) Which is a very, very bad sign.
Plainly, the evidence of scripture is that preaching was associated with Evangelism. This is the Gospel going out to unbelievers.
When the Original Church met -- comprised of committed believers -- the time was filled with news and digesting current events, hearing of Godly experiences. The meeting was collaborative, supportive and designed to build up relationships between believers, strengthen the roles of men and women both in congregation and at home. This sounds more like a Workshop than a "Church Service."
One can imagine that by having two or three brothers sharing on this and that, each contributing in various ways, it prevented an individual from drawing all of the attention to themselves, it spread the responsibility for preparation which provided avenues for more perspectives to enter the dialogue. Such diffusion of interests insulated the group from having a particular view or doctrine become unbalanced in their catechism. Further, by having "the others weigh carefully what is said" -- consensus is forged before dispute can take advantage of a vacuum.
Notably: by having several lead the meeting, the credit -- as well as condemnation could be shared. If enemies captured one, the fellowship could fall back, regroup and begin again, only fractionally reduced. This is participatory Christianity and very exciting to imagine!
As alluded to at the top of this post: We should be paying attention. We may need to revert to these habits. Elsewhere in this site is discussed the "Great Falling Away" ... and that it will be precipitated by the "Great Deception" whereby many turn from the faith. What percentage of believers are hungry enough for Gods word to become active in their faith? Few. What percentage, if their pulpit was suddenly empty and not refilled -- would gather themselves and continue privately? Even fewer.
Paul goes on to RECOMMEND (using the word should) that Women remain silent... ouch, right? He then strengthens his argument citing Hebrew law. But he doesn't stop there. The next few assertions he makes outline an order that political and social engineering has been battling into non-existence in our Western Culture -- that families in balance are represented in Church by Husbands and those Husbands are at work at home to develop their families, most especially answering spiritual needs of his Wife.
That we are missing the point seems clear. Smaller "Home Churches" may be the nearest present-day representation of the proper diversity of the Body of Christ. The homogenization of believers into large flocks of church-going, look, sound and act-alike drones, is to kill off the intended life that Paul is pushing for. We tend to "enjoy" the same narrow spectrum of music, prefer a stale list of subjects and keep all of it safely at arms length by only engaging in 1-way encounters (sitting through services or crashing through podcasts at the gym.) The stink of death rises from the Laodicean Church. She is RICH with the wealth of knowledge. But not wise. The end-times Church is full of real believers, but they are being poorly served and encouraged to remain listless, lukewarm. They are being mislead out of convenience and connivance.
We need to re-think "Church" and quickly.
Vultures already infest the pews. And false teachers regale their followers from the dais. The incredible fact is that Church blindness is so pervasive, and that deafness is so silencing -- those Vultures and False Teachers live with great confidence and pride that they're right and on a true path.
In Revelation 10, John is fed the small book that becomes bitter in is stomach -- a picture of what precedes vomiting up a poisonous meal.
These verses are never related? Why?
In the old testament, the picture of atonement and the book of life are prominent. In Revelation the scroll with seven seals is opened. What is this small scroll that caused John's nausea?
In the Revelation 3 instance, Jesus is directing his comments to the lukewarm church. So why haven't scholars related the small book bitter in John's stomach to the latter-day church? What doctrines are prominent in these times? Which beliefs are prevalent with the wealthy, self-confident, idle, self-indulgent church? Which of these are sweetest to men? To name one: Rapture Theory.
"For many are called, but few are chosen." Lu 14:16.
"But many who are first will be last, and many who are last will be first." Mat 19:30 and again Mat 20:16. Are we paying attention?
This is a difficult message for Christians to engage. Christianity today is rife with defense of the idea that believers will be "taken out" before great tribulation happens on earth. Despite all of the evidence that God protects the faithful, church leadership insists the only way the Almighty can accomplish this is by removing them from earth.
In another post (click here to open it), the discussion revolves around how church leaders will expel some "thinking they are doing God a service." Woe to the absent and negligent Shepherds! It's the Lord himself who will ultimately cast out the unworthy.
Their worship is based on human rules they have been taught? Latter day theories? How many attend churches based solely on the hope of escape, and what will be the result if / when they learn the theory isn't actual? Could this be the difficulty, the "doctrine too hard to accept" -- like it was in Jesus' time? "And many walked with him no more."
"I've been hoping you'd call."
There are many believers that who presently find themselves "outside the gates." The gates of the the latter-day church have become a point of separation -- between followers of God and followers more beholden to the personalities and messages proffered in the church.
Still, we are to honor our "leaders" ... and this provides a natural opportunity for our common enemy. Conflict, discord.
"The Christian's reason for leaving the camp of the world's sin and religion is not because he loves to be singular, but because Jesus did so; and the disciple must follow his Master."
Christ died for us, outside the camp. We also note that His accusation and persecution began inside those gates.
It is proper to remember that persecution for standing, or being shunned -- is a method the Lord uses to instruct BOTH parties. In one case the humility of being oppressed, in the other the possibility of conviction.
Callous, loveless discipline is not biblical. Love costs us something. Casting out those with differences to enforce commonality is the very definition of Xenophobia.
For those outside, we are not permitted to rail against methods but instead return honor.
Put on ... the full armor, the righteousness of Christ ... there are many and varous scriptural instructions to clothe oneself in the garments of Christian life.
I heard a speaker insist that a person can be kind, even when they feel like hell. Wearing on the outside something that we aren`t on the inside sounds like a facade. It sounds like it`s not genuine. It sounds like a lie.
Jesus said that adultry is committed in the heart. Murder also. In the heart. Over and time again Christ insisted `it is not what goes into (or onto) a man that contaminates him (or cleanses), but what comes out of the mouth, for out of the heart the mouth speaks.
Authenticity requires that when one puts on the mantel of Christ we not only look like the love we appear to have but that we actually have the love in our hearts.
God knows the heart of man better than man himself.
Calvinism (the strict variety) says that the Lord pre-ordains (from before creation) those he'll redeem, sanctify and bring into his kingdom. Seems that the system is rigged? Arminism at the opposite end of the "Reformed" church says "once saved always saved." Meaning there is an aspect of self-determinism. An awakening to the truth, that results in a choice.
Scripture says that men can permanently end their hope of Heavenly relations -- by denying Christ. Which by implication must mean we have a choice; and among big theological questions circulates those on the existence and extent of free will.
Blasphemy "... the act of insulting or showing contempt or lack of reverence for a religious deity or the irreverence towards religious or holy persons or things."
The "Emergent Church" has drifted significantly. But so also have traditional "conservative" denominations. Doctrines have surprising similarities and subtle differences across church boundaries.
Do apostasy and blasphemy overlap? Which acts are unpardonable? Which beliefs are apostasy?
Clearly included in scripture but seldom (and thinly) taught is the issue of Presumptive sin. The Example of Korah's Rebellion directly follows instruction in Numbers 15 on sin of presumption.
This is then illustrated by the story of Korah and his followers when they presumed to assert position and power, replacing the anointed leaders of the Lord.
"Korah... rose up against Moses. With ... 250 Israelite men, well-known community leaders who had been appointed members of the council. They came as a group to oppose Moses and Aaron and said to them, "You have gone too far! The whole community is holy, every one of them, and the Lord is with them. Why then do you set yourselves above the Lord's assembly?" Nu. 16:1-3.
Korah rebelled against and "presumed" equality with the Lords' appointed men and processes ... and suffered the judgement consequences. He and his people were swallowed by the earth. Quite an image -- to be damned directly to hell.
As emerging church doctrines reinterpret, replace, even substitute new theology for biblical doctrines, God may act very quickly. God is not patient in His treatment of deceptive leaders (ones who use Christianity for the pursuit of wealth, power and fame.) This is open rebellion against the truth. Perhaps within a single generation we will witness Gods wrath.
Apostasy is '... defection or revolt', from (or) is the formal disaffiliation from or abandonment or renunciation of a religion by a person.
Emergent doctrines aren't Apostasy. They are Blasphemy, and sins of purposeful presumption. Selective reinterpretation of scripture to exert an extra-biblical inclusiveness is this kind of error. Examples include prosperity by faith, divorce, couples living together out of wedlock, LGBT clergy.
Since Jesus claimed to be the "...way, the life and truth..." rebellion against His message of salvation is the very definition of the unpardonable sin. There is no way to the Father except through the Son, and so rejecting the Son means eternal separation from the Father -- an unpardonable sin against the free, divine gift of saving Grace.
In his work The Cognitive-Theoretic Model of the Universe Mr. Langan explores new avenues that assert a creator must exist because a language of the universe definitely exists. (If that less-than adequate description can summarize his rigorous treatment.) While some have called him the smartest man alive, Christopher is not credentialed in a "traditional" sense -- he has no diplomas, he's not a Post-Doc researcher theorizing within the confines of his education.
An enjoyable truth: "The Lord trains the called. He seldom calls the trained."
Congratulations Christopher! Thank you for your efforts on intelligent design and bringing so many diverse points in the spectrum of science and philosophy into a single discussion.


text:
NBC Investigating Paul Tracy For Racist Posts
Sports TV News
NBC IndyCar commentator Paul Tracy is being investigated by the network for a racist comment he allegedly made on a friend's Facebook page. According to the Indianapolis Star both Tracy and a man named Chris Cunningham responded to a post by a mutual friend about the recently arrested Cesar Sayoc. Cunningham made a rude comment about Tracy supporting Republicans. Tracy responded with "No I have invited them all to a party at your house to listen to you play the mini guitar then they are going to rape your wife then you."
Cunningham supplied a screenshot of the exchange to the paper, but Tracy still denies any wrongdoing. He claims the account that sent that message is an imposter. Tracy has documented social media accounts falsely claiming to be him in the past.
Cunningham says that while he and Tracy aren't necessarily friends, they do have the same circle of friends, and he finds it hard to believe an imposter would know that he plays the mandolin or "mini guitar" as the poster put it. He also claims that he has interacted with the account in the past to discuss issues related to IndyCar racing.
The Indianapolis Star reached out to NBC for comment. NBC responded on Facebook, saying "We are aware of the issue, and take it very seriously. Paul insists that he did not write the offensive posts. We're continuing to investigate the situation."
Related Topics:Barrett Sports MediabroadcastingBSMIndianapolis StarIndyCarJason BarrettNBCon-airPaul TracyProgrammingRacismSports Media NewsSports Television
Ray Knight Will Not Return to Nationals TV Crew
Murdoch Considering Buying RSNs Back From Disney
"When Tom Brady is ready, that chair is his."
Now that Tom Brady's playing career is officially over, plenty of people are talking about what comes next. He has a contract from FOX on the table that will put him in the network's top NFL booth when he is ready. What that means for Greg Olsen remains unclear.
Olsen has won plenty of fans this season. Last week, he told ESPN 1000 that he is a "big boy" and he "knew what he signed up for" when he was elevated to the top slot at the network alongside Kevin Burkhardt. When Tom Brady is ready, that chair is his.
Plenty have speculated that FOX could go with a three-man booth. That way the network gets the benefits of both Brady's star power and Olsen's ability to dissect a game.
There is another option for Greg Olsen though according to Andrew Marchand. The New York Post writer reports that Olsen can opt out of his contract at FOX and join another network if he is offered a job.
Olsen cannot take just anything. He can only pursue a job in another network's top booth if offered. That spot is locked up for every network with an NFL TV deal currently, but it won't be forever and Greg Olsen has proven his worth to the broadcasting world this season.
"He could end up being this generation's Cris Collinsworth, having a long, lucrative career, despite not having played quarterback or for the Cowboys or in New York,' Marchand writes. "People love an underdog — especially if the person delivers."
While Tom Brady will eventually be Kevin Burkhardt's partner, it will not happen on February 12th. FOX is sticking with Burkhardt and Olsen to call Super Bowl LVII.
"We're definitely annoyed at each other for times. There were times when we were very, very annoyed."
Mike and the Mad Dog were celebrated on First Take Wednesday morning for their legendary careers. One topic that came up was their legendary fights, with host Molly Qerim saying — luckily — she's never had that issue arise with Stephen A. Smith.
Nearing the conclusion of the episode, Qerim pointed out how ridiculous some of the arguments between Mike Francesa and Chris "Mad Dog" Russo became, bringing up the legendary discussion about the restrooms at Fenway Park and Yankee Stadium.
"You guys would debate everything, even bathrooms," Qerim said. "You really debated bathrooms."
Francesa and Russo then discussed how the bathroom discussion led to months of silence, where they did not speak to each other outside of the show for more than five months, before Francesa's wife invited Russo to their wedding, which eventually squashed the beef.
"Think about it. If you two (Smith and Qerim) did not get along, and for five months and you walked in here and didn't talk to each other either before, during or after (the show)," Russo said. "That's hard to pull off."
"We never did that," replied Qerim. "We're definitely annoyed at each other at times. There were times when we were very, very annoyed."
Francesa asked Qerim and Smith if they'd ever had "a real fight" with both immediately responding no.
Smith did note — somewhat jokingly — that he had felt "very bruised" from time to time by Qerim.
"I've always just tried to find that blend where I can be respectful for the audience and have a good time and have fun delivering highlights."
Kevin Negandhi has been one of the hosts of the 6:00 PM ET SportsCenter on ESPN over the last few years. Even in this prominent role, Negandhi takes great pride in making sure the viewer is being entertained and getting an escape from the real world, at least for an hour.
Negandhi was a guest on The Adam Schein Podcast this week and Schein asked him how he would describe his broadcast style. He wanted to make it clear that if you met him on the street, he is the same person that you see on ESPN.
"I'm the person that you would meet casually, I'm the same person on TV. I've always said that I represent not just my family, not just where I'm from, I represent the passion of the great area and region that is Philadelphia. When you see me on TV, I feel like I'm letting you into a conversation I would normally have with you if we were talking about something. You are here for an escape, let's talk about it because I got in the business because I passionately love sports. It was my connection with my family growing up. Connection with my family still to this day. It's kind of like get in with us."
Whenever Negandhi is hosting SportsCenter, he told Schein he tries to find a good mix of giving the highlights and the news while also understanding that the viewer is looking to be entertained as well.
"I've always just tried to find that blend where I can be respectful for the audience and have a good time and have fun delivering highlights and delivering the news and making sure you are entertained but at the same time understanding that I'm having fun with you while you are watching us as an escape."
One other broadcaster that stands out for not being just a broadcaster according to Negandhi is Scott Van Pelt because Van Pelt is comfortable being himself and doesn't have a filter.
"Scott Van Pelt really stands out to me because when you watch Scott, there is no filter with Scott. He's not a broadcaster. Scott is Scott and he is comfortable in his skin."
Ricky Keeler is a reporter for BSM with a primary focus on sports media podcasts and national personalities. He is also an active podcaster with an interest in pursuing a career in sports media. You can find him on Twitter @Rickinator555 or reach him by email at RickJKeeler@gmail.com.

redpajama_set_name: RedPajamaCommonCrawl


text:
Sections 376 and 302 IPC - Accused convicted and sentenced to death on basis of last seen evidence which was successfully proved by prosecution
Before :- A.K. Patnaik & Swatanter Kumar, JJ.
Criminal Appeal Nos. 145-146 of 2011
Rajendra Pralhadrao Wasnik Versus The State of Maharashtra, D/d. 29.2.2012
For the Appellant :- Mr. Subhro Sanyal and Mr. Kawaljeet Singh, Advocates.
For the Respondent :- Mr. Sushil Karanjkar, Mr. Sanjay Kharde and Ms. Asha Gopalan Nair, Advocates.
A. Indian Penal Code, Sections 376 and 302 - Criminal Procedure Code, Sections 366 and 368 - Rape and Murder - Death sentence - Victim was aged 3 years - Last seen evidence - No eye-witnesses - Accused convicted and sentenced to death on basis of last seen evidence which was successfully proved by prosecution - Accused failed to explain circumstances - In his statement under Section 313 Cr.P.C. he only stated that false case was registered against him which was repelled - Held :-
(i) It is very difficult to assume that as many as 13 witnesses from the same village, the Police and doctors would falsely implicate the accused - Death sentence upheld.
[Para 15]
B. Criminal Procedure Code, Sections 366, 368 and 354 - Indian Penal Code, Sections 376 and 302 - Rape and Murder - Victim was minor girl aged 3 years - Death sentence upheld - Held :-
(1) It is not heinous simplicitor, but is a brutal and inhuman crime where a married person, aged 31 years, chooses to lure a three year old minor girl child on the pretext of buying her biscuits and then commits rape on her.
(ii) It can hardly be even imagined that what torture and brutality the minor child must have faced during the course of commission of this crime - All her private parts were swollen and bleeding - She was bleeding through her nose and mouth - The injuries, shows the extent of brutal sexual urge of the accused, which targeted a minor child, who still had to see the world - He went to the extent of giving bites on her chest - The pain and agony that he must have caused to the deceased minor girl is beyond imagination and is the limit of viciousness.
[Paras 11 to 19]
Cases Referred :
Ref. Dhananajoy Chatterjee alias Dhana v. State of W.B., 1994(1) R.C.R.(Criminal) 429 : JT 1994 (1) SC 33.
Shivu v. R.G. High Court of Karnataka, 2007(2) R.C.R.(Criminal) 53 : 2007(1) R.A.J. 906 : (2007) 4 SCC 713.
Shivaji @ Dadya Shankar Alhat v. State of Maharashtra, 2008(4) R.C.R.(Criminal) 202 : 2008(5) R.A.J. 313 : AIR 2009 SC 56.
Baldev Singh v. State of Haryana, 2009(1) R.C.R.(Criminal) 252 : 2008(6) R.A.J. 625 : AIR 2009 SC 963.
Ramnaresh v. State of Chattisgarh, 2012(2) R.C.R. (Criminal) 169 : 2012(1) Recent Apex Judgments (R.A.J.) 391 (SC).
Swatanter Kumar, J. - The present appeals are directed against the judgment dated 26th March, 2009 passed by the High Court of Bombay, Nagpur Bench affirming the conviction of the accused under Sections 376(2)(f), 377 and 302 of the Indian Penal Code, 1860 (hereafter 'IPC') and the sentence of death awarded to the accused-appellant herein vide judgment of the First Additional Sessions Judge, Amrawati, dated 10th September, 2008.
2. The facts giving rise to the present appeal fall within a narrow compass and are as follows :
Mahendra Namdeorao Wasnik, PW12, was living with his wife, three children and parents in Village Asra. He used to go to Village Tarkheda for earning his livelihood at the thresher of one Zafarbhai. Normally, he used to return to his village at about 10.00 p.m. after doing his day's work. On 2nd March, 2007, he left his house at 7.00 a.m. and returned from his work at about 9.00 p.m. Upon his arrival, he was informed by his wife Kantabai Wasnik that at about 4.00 p.m. one person, whose name she did not know, had come to the house and after taking tea, he left. The said person had again come at about 6.30 p.m. On his second visit, he told that he would take out their daughter, namely Vandana, to get her biscuits. After talking to the mother of Vandana, the accused had taken Vandana for purchasing biscuits but never brought her back to her house. Having learnt this, PW12 started searching for his daughter Vandana along with others, but they were unable to find her. On 3rd March, 2007 at about 8.00 a.m. when he was going to the Police Station for lodging the report, he saw that some persons had gathered in the fields of Pramod Vitthalrao Mohod. He went there and saw the dead body of his daughter in that field. The dead body of Vandana was lying in a nude condition and there were injuries on her person. It has come in evidence that the accused had visited the house of PW12, Mahendra Namdeorao Wasnik to see his ailing father. He left after a cup of tea. It was on this information received from his wife that PW12 suspected that the accused was the person who was a resident of Village Parlam and had taken away his daughter. Consequently, PW12 lodged the report with the Police, Exhibit 71 in respect of the incident. As the body of the deceased minor girl, Vandana, had been recovered, an FIR was registered being Crime Case No.23/2007 under Sections 376(2)(f), 377 and 302 IPC. The Investigating Officer started the investigation, prepared the inquest panchnama in respect of the dead body of the deceased Vandana vide Exhibit 11. Sample of soil, soil mixed with urine and clothes of the deceased Vandana were seized from the spot under Panchanama Exhibit 12. The Investigating Officer had also drawn a sketch map of the spot of the incident on 16th June, 2007 vide Exhibit 64. At the request of the Police, the Judicial Magistrate recorded statement of the witnesses, namely, Bhimrao Gulhane, Nilesh Gedam, Ravindra Borkar and Sumit Ramteke under Section 164 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C.') The accused was arrested on 10th April, 2007 his clothes were seized vide Exhibit 14. He was subjected to medical examination. The doctor had taken blood and semen sample of the accused. These samples and the viscera were sent for medical examination vide Exhibits 21 and 22. The reports thereof are Exhibits 76 to 79.
3. The accused was produced before the Court and was committed to the Court of Sessions where he was charged with the offences punishable under Sections 376(2)(f), 377 and 320 IPC. He was tried for these offences. Learned Trial Court found him guilty of all the offences and awarded him punishments as follows :
Offences Punishment/Sentence
302 IPC Sentenced to death and he shall be hanged by neck till he is dead subject to confirmation by the Hon'ble High Court, Bombay, Bench at Nagpur as per the provisions of Section 366 of Cr.P.C.
376(2)(f) IPC Sentenced to imprisonment for life and to pay fine of Rs. 1,000 (one thousand), in default to suffer rigorous imprisonment for six months.
377 IPC Sentenced to rigorous imprisonment for 10 (ten) years and to pay fine of Rs. 1,000 (one thousand) in default to suffer further rigorous imprisonment for six months.
4. Aggrieved by the said judgment, the accused preferred an appeal before the High Court which, as already noticed, came to be dismissed. The High Court upheld the conviction and sentence of the accused giving rise to the filing of the present appeals.
5. Learned counsel appearing for the appellant-accused contended that the complete chain of events leading to the involvement of the appellant in the crime, in question, have not been established by the prosecution. According to him, the prosecution has failed to prove its case beyond reasonable doubt. The case is one of circumstantial evidence and the onus to prove the case by leading cogent, appropriate and linking evidence is on the prosecution. The prosecution has failed to establish the charge against the appellant. All witnesses are interested witnesses as they are the relatives of the informant or the deceased and as such cannot be safely relied upon by the Court to hold the appellant guilty of the alleged offences. Lastly, it is also contended that it was not a case which fell in the category of 'rarest of rare' cases where the Court would find that any other sentence except death penalty would be inadequate and unjustifiable. Thus, the imposition of penalty of death imposed by the High Court calls for interference by this Court. Though the accused, in his statement under Section 313 Cr.P.C., while replying to question No.9 about the death of Vandana and injuries on her body, had stated that it was false but from the evidence led by the prosecution, it is clear that the death of the deceased Vandana was homicidal. One can get the idea of the torture and brutality that the minor girl suffered at the hands of the accused from the injuries found on her person in the postmortem report. They have been described by the doctor as follows :
"External Vaginal Swelling present Vaginal wall lacerated, wound extending from labia mejora to inside vaginal canal in lower 1/3rd on both side 1-1/2 x 1/4 x muscle deep
Stains of semen present on inner side of thigh.
Hymen absent, one finger easily pass.
Swelling present on anal region.
Multiple abrasions with Contusions present on body on face, chest back & both shoulders and knees Interiorly.
Bite mark on chest (L) side around Nipple elliptical with diameters 1-1/2 x 1-1/4.
Right Lung collapsed, 150 gm, Congested on section collapsed.
Left Lung Collapsed, 100 gm, Congested on section collapsed.
Large vessels - contained blood."
6. Exhibit 11, the inquest panchnama is admitted while the post mortem report Exhibit 71 has been proved in accordance with law. Both these documents demonstrate, beyond reasonable doubt, that it was a case of homicidal death and as per the post mortem report, the cause of death was rape and asphyxia.
7. There is no doubt that it is not a case of direct evidence but the conviction of the accused is founded on circumstantial evidence. It is a settled principle of law that the prosecution has to satisfy certain conditions before a conviction based on circumstantial evidence can be sustained. The circumstances from which the conclusion of guilt is to be drawn should be fully established and should also be consistent with only one hypothesis, i.e. the guilt of the accused. The circumstances should be conclusive and proved by the prosecution. There must be a chain of events so complete as not to leave any substantial doubt in the mind of the Court. Irresistibly, the evidence should lead to the conclusion which is inconsistent with the innocence of the accused and the only possibility is that the accused has committed the crime. To put it simply, the circumstances forming the chain of events should be proved and they should cumulatively point towards the guilt of the accused alone. In such circumstances, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. Furthermore, the rule which needs to be observed by the Court while dealing with cases of circumstantial evidence is that the best evidence must be adduced which the nature of the case admits. The circumstances have to be examined cumulatively. The Court has to examine the complete chain of events and then see whether all the material facts sought to be established by the prosecution to bring home the guilt of the accused, have been proved beyond reasonable doubt or not. It has to be kept in mind that all these principles are based upon one basic cannon of our criminal jurisprudence that the accused is innocent until proven guilty and that the accused is entitled to a just and fair trial. [Ref. Dhananajoy Chatterjee alias Dhana v. State of W.B. 1994(1) R.C.R.(Criminal) 429 : [JT 1994 (1) SC 33]; Shivu & Anr. v. R.G. High Court of Karnataka & Anr. 2007(2) R.C.R.(Criminal) 53 : 2007(1) R.A.J. 906 : [(2007) 4 SCC 713]; and Shivaji @ Dadya Shankar Alhat v. State of Maharashtra 2008(4) R.C.R.(Criminal) 202 : 2008(5) R.A.J. 313 : (AIR 2009 SC 56].
8. Now, we will revert to the facts of the present case in light of the above-stated principles. We must spell out the circumstances which would show that for the undisputable rape and murder of the deceased minor girl, the accused is not only the suspect but is also the person who has committed the crime. These circumstances are :
1. The accused had taken Vandana from her home on the pretext of purchasing her biscuits.
2. Neither Vandana nor the accused returned to the house.
3. Accused was seen with the deceased Vandana on 2nd March, 2007 at about 6.00 p.m. at the bus stand where, in the normal course of life, such shops are situated.
4. Thereafter, the nude body of Vandana was found in the field of Pramod Vitthal rao Mohod on 3rd March, 2007.
5. Exhibit 11 and 71, show beyond reasonable doubt that the three year old girl was subjected to rape, injuries and then murdered.
9. The above circumstances and the chain of events is complete with regard to the commission of crime and undoubtedly points towards the accused. Now, we have to examine whether the prosecution has provided these facts as required in law.
10. PW2, Kanta, is the mother of the deceased Vandana. In her statement she has stated that she was living along with her husband, one daughter and two sons. According to her, her in-laws were residing in the same house, though separately. Vandana was three years old at the time of her death. According to her, the occurrence took place on the day of Holi festival. She identified the accused, who was present in the court and stated that he had come to their house earlier and then on the date of the incident as well. Supporting the case of the prosecution, she stated that he had come to the house at about 3.00 p.m. and then left after having tea by saying that he wanted to meet his friends and thereafter, he again came back at 6.00 p.m. Vandana was playing in front of the house at that time. The accused told her that he would purchase biscuits for the child and took Vandana with him. They had gone towards the bus-stand and thereafter, neither Vandana nor the accused returned home. She had told her husband, PW1, about the incident on his return from work. PW2 also stated that on the next day body of deceased was found in the fields. There was blood in her nostrils and mouth. Marks of bites were found on her breast. There was swelling in the private parts of her body. She came to know the name of the accused subsequently. Her statement remained un-controverted or nothing material came in her cross-examination. The accused was also seen in the house of PW12 by PW3, Preeti, who is the niece of PW12. She also corroborated the statements of PW12 and PW2. PW4, is the other material witness, Ravindra, who stated that on the day of the incident, i.e. 2nd March, 2007, he was present at the S.T. Bus stand of Asra and he had seen the accused along with Vandana in hotel Rajendra Bhojane. She was on the waist of the accused and they had purchased a packet of biscuits. Thereafter, he saw the accused going on the road which goes to Amrawati. Thereafter, he even searched for Vandana along with Vikram Meshram. PW5, Bhimrao Pundlik Gulhane is a witness who owns 13 acres of agricultural land at Village Khargodi in Village Nagthana. For the purposes of cultivating his land, he used to engage labourers, and the accused was engaged by him for doing the work on his agricultural field and he disclosed the name of accused as Sanjay Manohar Wankhede. According to this witness, he maintained a regular register for marking 'presence' and 'payment of wages' to the labourers he engaged. The said witness deposed that on the date of occurrence, i.e. 2nd March, 2007, the accused did not come for duty. However, on that day in the morning, the accused came to him and demanded Rs. 500/- saying that he wanted to go to Asra and thereafter, he did not come back. He produced the register which had been seized by the police earlier and had the signatures and it was exhibited as Ex.36. PW7, is another witness, who had seen the accused holding Vandana when he was going back to his house from the S.T. bus stand Asra.
11. The accused was subjected to medical examination and was examined by Dr. Ravindra Ruprao Sirsat, PW9 and he noticed no injuries on his person. Father of the deceased minor girl was examined as PW12 and he provided the complete chain of events, right from the time he got the information that his daughter had been taken away till the time when her dead body was recovered from the fields. Dr. K.V. Wathodkar, Dr. (Mrs.) V.K. Wathodkar and Dr. Varsha S. Bhade had prepared the postmortem report, Ex.- 17, which clearly shows that the cause of death of the three-year old girl was rape and asphyxia. All these factors have been proved by the prosecution both by documentary as well as oral evidence. The accused admitted the documents i.e. the sketch map, Ex.64, spot panchnama, Ex.10, inquest panchnama, Ex.11, seizure panchnamas Exihibits 12, 13 and 14 in respect of the seizure of clothes of the accused and in respect of blood sample, public hair sample, semen sample of the accused, arrest panchnama, Ex.16, postmortem report Ex.17 and letters Ex.19 to 27.
12. Once these crucial pieces of documentary evidence have been admitted by the accused and other factual links in the story of the prosecution have been duly proved by the witnesses by circumstantial or direct evidence, there is no occasion for this Court to doubt that the prosecution has not been able to prove its case beyond reasonable doubt.
13. It has been vehemently argued on behalf of the appellant that the report of the FSL does not connect the accused to the commission of the crime. This, being a very material piece of evidence which the prosecution has failed to establish, the accused would be entitled to the benefit of doubt. There were two kinds of Exhibits which were sent by the Police to the Forensic Science Laboratory for examination - one, the blood-stained clothes of the deceased and second, the sample of blood, semen and pubic hair sample of the accused which were sent vide Exhibit 57. The reports of the laboratory are Exhibits 76, 77, 78 and 79. As far as the reports in respect of the appellant's sample of semen and blood are concerned, they were inconclusive as was stated by the FSL in Exhibit 76. His clothes which were seized by the Police did not bear any blood or semen stains and that was duly recorded in Exhibit 78. Exhibit 77 were the clothes of the deceased which were blood stained. The clothes contained blood group 'O' which was the blood group of the deceased girl. From the report of the experts, it is clear that there is no direct evidence connecting the appellant to the commission of the crime but it is not the case of the defence that the FSL report was in the negative. Merely because the report was inconclusive, it is not necessary that the irresistible conclusion is only one that the accused is not guilty, particularly where the prosecution has been able to establish its case on circumstantial evidence as also by direct oral evidence. It is a settled principle of law that the evidence has to be read in its entirety. If, upon reading the evidence as such, there are serious loopholes or lacking in the case of the prosecution and they do not prove that the accused is guilty, then the Court would be justified in giving the benefit of doubt to the accused on the strength of a weak FSL report. The FSL report Exhibit P77 had clearly established that the blood of group 'O' was found on the clothes of the deceased and that was her blood group. The prosecution has been able to establish not only by substantial evidence but clearly by medical evidence as well, that the minor girl had suffered serious injuries on her private parts and there were bite marks on her chest.
14. An attempt was also made to cast certain doubts as to the very identity of the accused but we find this submission without any substance. The accused has been identified by PW2, PW3 and PW4. Besides them, even PW7 Sumeet Ramteke had also stated that he had seen the victim minor girl with the appellant in the house of PW2, Kantabai and then again seen him with the victim going towards the ST bus stand. Statement of these four witnesses successfully stood the lengthy cross-examination conducted on behalf of the defence. There cannot be any doubt in these circumstances that the accused had taken away the victim from the house of PW2 and was seen at the ST stand.
15. In our considered opinion, the tests laid down by this Court in Baldev Singh v. State of Haryana, 2009(1) R.C.R.(Criminal) 252 : 2008(6) R.A.J. 625 : AIR 2009 SC 963 in relation to cases of circumstantial evidence are completely satisfied in the present case. The circumstances and the chain of events proved by the prosecution is fully established and the circumstances which were required to be proven by the prosecution, have been proved by them successfully. The cumulative effect of the entire prosecution evidence is that it points unmistakably towards the guilt of the accused. It is not only a case of circumstantial evidence simpliciter but also the 'last seen together' principle. There are witnesses who had seen the accused at the house of PW2 with the deceased minor girl. Thereafter, he was again seen with the child at the ST bus stand, Asra and lastly while going away from the ST bus stand with the minor child. Thus, once the evidence had successfully shown that the accused was last seen with the minor girl, it was for the accused to explain the circumstances. The accused in his statement under Section 313 Cr.P.C., in response to all the 68 questions put to him, answered only one simple answer - 'it is false'. He also stated that the Police had registered a false case against him and that he did not want to lead any defence. It is very difficult to assume that as many as 13 witnesses from the same village, the Police and doctors would falsely implicate the accused. There are no circumstances which can even remotely suggest that this plea taken by the accused even deserves consideration. Ex facie this is an incorrect stand.
16. Having dealt with the contentions of the learned counsel appearing for the appellant on the merits of the case, now we would proceed to discuss the last contention raised on behalf of the appellant that this is not one of the rarest of rare cases where awarding death sentence is justified. We have already held that the prosecution has been able to bring home the guilt of the accused for the offences under Sections 376(2)(f), 377 and 302 of the IPC. In order to deal with this contention raised on behalf of the appellant, we may, at the very outset, refer to the basic principles that are to be kept in mind by the Court while considering the award of death sentence to an accused. This very Bench in a recent judgment, considered various judgments of this Court by different Benches right from Bachan Singh's case, in relation to the canons governing the imposition of death penalty and illustratively stated the aggravating circumstances, mitigating circumstances and the principles that would be applied by the Courts in determining such a question. It will be useful to refer to the judgment of this Bench in the case of Ramnaresh v. State of Chattisgarh, 2012(2) R.C.R.(Criminal) 169 : 2012(1) Recent Apex Judgments (R.A.J.) 391 : Crl. Appeal No. 166-167/2010 decided on February 28, 2012 wherein it was held as under :-
"The above judgments provide us with the dicta of the Court relating to imposition of death penalty. Merely because a crime is heinous per se may not be a sufficient reason for the imposition of death penalty without reference to the other factors and attendant circumstances.
Most of the heinous crimes under the IPC are punishable by death penalty or life imprisonment. That by itself does not suggest that in all such offences, penalty of death should be awarded. We must notice, even at the cost of repetition, that in such cases awarding of life imprisonment would be a rule, while 'death' would be the exception. The term 'rarest of rare case' which is the consistent determinative rule declared by this Court, itself suggests that it has to be an exceptional case. The life of a particular individual cannot be taken away except according to the procedure established by law and that is the constitutional mandate. The law contemplates recording of special reasons and, therefore, the expression 'special' has to be given a definite meaning and connotation. 'Special reasons' in contra-distinction to 'reasons' simplicitor conveys the legislative mandate of putting a restriction on exercise of judicial discretion by placing the requirement of special reasons.
Since, the later judgments of this Court have added to the principles stated by this Court in the case of Bachan Singh (supra) and Machhi Singh (supra), it will be useful to restate the stated principles while also bringing them in consonance, with the recent judgments.
The law enunciated by this Court in its recent judgments, as already noticed, adds and elaborates the principles that were stated in the case of Bachan Singh (supra) and thereafter, in the case of Machhi Singh (supra). The aforesaid judgments, primarily dissect these principles into two different compartments - one being the 'aggravating circumstances' while the other being the 'mitigating circumstance'. The Court would consider the cumulative effect of both these aspects and normally, it may not be very appropriate for the Court to decide the most significant aspect of sentencing policy with reference to one of the classes under any of the following heads while completely ignoring other classes under other heads. To balance the two is the primary duty of the Court. It will be appropriate for the Court to come to a final conclusion upon balancing the exercise that would help to administer the criminal justice system better and provide an effective and meaningful reasoning by the Court as contemplated under Section 354(3) Cr.P.C.
Aggravating Circumstances :
1. The offences relating to the commission of heinous crimes like murder, rape, armed dacoity, kidnapping etc. by the accused with a prior record of conviction for capital felony or offences committed by the person having a substantial history of serious assaults and criminal convictions.
2. The offence was committed while the offender was engaged in the commission of another serious offence.
3. The offence was committed with the intention to create a fear psychosis in the public at large and was committed in a public place by a weapon or device which clearly could be hazardous to the life of more than one person.
4. The offence of murder was committed for ransom or like offences to receive money or monetary benefits.
5. Hired killings.
6. The offence was committed outrageously for want only while involving inhumane treatment and torture to the victim.
7. The offence was committed by a person while in lawful custody.
8. The murder or the offence was committed, to prevent a person lawfully carrying out his duty like arrest or custody in a place of lawful confinement of himself or another. For instance, murder is of a person who had acted in lawful discharge of his duty under Section 43 Cr.P.C.
9. When the crime is enormous in proportion like making an attempt of murder of the entire family or members of a particular community.
10. When the victim is innocent, helpless or a person relies upon the trust of relationship and social norms, like a child, helpless woman, a daughter or a niece staying with a father/uncle and is inflicted with the crime by such a trusted person.
11. When murder is committed for a motive which evidences total depravity and meanness.
12. When there is a cold blooded murder without provocation.
13. The crime is committed so brutally that it pricks or shocks not only the judicial conscience but even the conscience of the society.
Mitigating Circumstances :
1. The manner and circumstances in and under which the offence was committed, for example, extreme mental or emotional disturbance or extreme provocation in contradistinction to all these situations in normal course.
2. The age of the accused is a relevant consideration but not a determinative factor by itself.
3. The chances of the accused of not indulging in commission of the crime again and the probability of the accused being reformed and rehabilitated.
4. The condition of the accused shows that he was mentally defective and the defect impaired his capacity to appreciate the circumstances of his criminal conduct.
5. The circumstances which, in normal course of life, would render such a behavior possible and could have the effect of giving rise to mental imbalance in that given situation like persistent harassment or, in fact, leading to such a peak of human behavior that, in the facts and circumstances of the case, the accused believed that he was morally justified in committing the offence.
6. Where the Court upon proper appreciation of evidence is of the view that the crime was not committed in a pre-ordained manner and that the death resulted in the course of commission of another crime and that there was a possibility of it being construed as consequences to the commission of the primary crime.
7. Where it is absolutely unsafe to rely upon the testimony of a sole eye-witness though prosecution has brought home the guilt of the accused.
While determining the questions relateable to sentencing policy, the Court has to follow certain principles and those principles are the loadstar besides the above considerations in imposition or otherwise of the death sentence.
Principles :
1. The Court has to apply the test to determine, if it was the 'rarest of rare' case for imposition of a death sentence.
2. In the opinion of the Court, imposition of any other punishment, i.e., life imprisonment would be completely inadequate and would not meet the ends of justice.
3. Life imprisonment is the rule and death sentence is an exception.
4. The option to impose sentence of imprisonment for life cannot be cautiously exercised having regard to the nature and circumstances of the crime and all relevant circumstances.
5. The method (planned or otherwise) and the manner (extent of brutality and inhumanity, etc.) in which the crime was committed and the circumstances leading to commission of such heinous crime.
Stated broadly, these are the accepted indicators for the exercise of judicial discretion but it is always preferred not to fetter the judicial discretion by attempting to make the excessive enumeration, in one way or another. In other words, these are the considerations which may collectively or otherwise weigh in the mind of the Court, while exercising its jurisdiction. It is difficult to state, it as an absolute rule. Every case has to be decided on its own merits. The judicial pronouncements, can only state the precepts that may govern the exercise of judicial discretion to a limited extent. Justice may be done on the facts of each case. These are the factors which the Court may consider in its endeavour to do complete justice between the parties.
The Court then would draw a balance-sheet of aggravating and mitigating circumstances. Both aspects have to be given their respective weightage. The Court has to strike a balance between the two and see towards which side the scale/balance of justice tilts. The principle of proportion between the crime and the punishment is the principle of 'just deserts' that serves as the foundation of every criminal sentence that is justifiable. In other words, the 'doctrine of proportionality' has a valuable application to the sentencing policy under the Indian criminal jurisprudence. Thus, the court will not only have to examine what is just but also as to what the accused deserves keeping in view the impact on the society at large.
Every punishment imposed is bound to have its effect not only on the accused alone, but also on the society as a whole. Thus, the Courts should consider retributive and deterrent aspect of punishment while imposing the extreme punishment of death.
Wherever, the offence which is committed, manner in which it is committed, its attendant circumstances and the motive and status of the victim, undoubtedly brings the case within the ambit of 'rarest of rare' cases and the Court finds that the imposition of life imprisonment would be inflicting of inadequate punishment, the Court may award death penalty. Wherever, the case falls in any of the exceptions to the 'rarest of rare' cases, the Court may exercise its judicial discretion while imposing life imprisonment in place of death sentence."
17. We shall tentatively examine the facts of the present case in light of the above principles. First and foremost is that the crime committed by the accused is heinous. In fact, it is not heinous simplicitor, but is a brutal and inhuman crime where a married person, aged 31 years, chooses to lure a three year old minor girl child on the pretext of buying her biscuits and then commits rape on her. Further, obviously intending to destroy the entire evidence and the possibility of being identified, he kills the minor child. On the basis of the 'last seen together' theory and other direct and circumstantial evidence, the prosecution has been able to establish its case beyond any reasonable doubt. It can hardly be even imagined that what torture and brutality the minor child must have faced during the course of commission of this crime. All her private parts were swollen and bleeding. She was bleeding through her nose and mouth. The injuries, as described in EX.P17 (the post mortem report) shows the extent of brutal sexual urge of the accused, which targeted a minor child, who still had to see the world. He went to the extent of giving bites on her chest. The pain and agony that he must have caused to the deceased minor girl is beyond imagination and is the limit of viciousness. This Court has to examine the conduct of the accused prior to, at the time as well as after the commission of the crime. Prior thereto, the accused had been serving with PW5 and PW6 under a false name and took advantage of his familiarity with the family of the deceased. He committed the crime in the most brutal manner and, thereafter, he opted not to explain any circumstances and just took up the plea of false implication, which is unbelievable and unsustainable. When the Court draws a balance-sheet of the aggravating and mitigating circumstances, for the purposes of determining whether the extreme sentence of death should be imposed upon the accused or not, the scale of justice only tilts against the accused as there is nothing but aggravating circumstances evident from the record of the Court. In fact, one has to really struggle to find out if there were any mitigating circumstances favouring the accused. Another aspect of the matter is that the minor child was helpless in the cruel hands of the accused. The accused was holding the child in a relationship of 'trust-belief' and 'confidence', in which capacity he took the child from the house of PW2. In other words, the accused, by his conduct, has belied the human relationship of trust and worthiness.
18. The accused left the deceased in a badly injured condition in the open fields without even clothes. This reflects the most unfortunate and abusive facet of human conduct, for which the accused has to blame no one else than his own self.
19. Thus, for the reasons afore-recorded, we find that the learned trial court was fully justified in law and on the facts of the present case, in awarding the extreme penalty of death for an offence under Section 302 IPC along with other punishments for other offences. We find no justifiable reason to interfere with the judgment of conviction and order of sentence under the impugned judgment. The appeals are dismissed.
Criminal-Cases India Judgments Law Murder Rape Supreme-Court
Puneet Batish Advocate 3 June 2013 at 23:02
Sections 376 and 302 IPC - Accused convicted and sentenced to death on basis of last seen Evidence which was successfully proved by prosecution, More details on Geek Upd8, thanks to Advocate Prem P. Chauhan, Sukriti Singh, Ruchi Sharma - http://g8.geekupd8.com/201
Geek Upd8 - Law Reporter: Sections 376 and 302 IPC - Accused convicted and sentenced to death on basis of last seen evidence which was successfully proved by prosecution
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text:
Dog Survives After Being Thrown Onto I-40, Investigation Underway
Thursday, December 6th 2012, 7:23 pm
By: News 9
A bizarre case of animal cruelty is under investigation after a German Shepherd was thrown off a bridge and onto a busy interstate. The dog survived, and now investigators are looking for the person responsible.
The Oklahoma County Sheriff's Office is trying to find the person who threw the German Shepherd from a bridge on Southeast 59th Street down onto I-40 Wednesday.
The vet caring for the dog now says it's a miracle he survived.
According to the tag on his collar his name is Rookie, and it's hard to believe how anyone could throw him off a bridge into traffic.
12/6/2012 Related Story: Dog Critically Injured After Being Thrown Off Bridge In OKC
An OHP trooper pulled Rookie off the road Wednesday. He was found on I-40, and a truck driver reported seeing someone throw the dog off the southeast 59th bridge.
"Other than the leg fracture, he's got a few skid marks on him, and that's about it that we can find right now," Deer Creek Animal Hospital vet technician Kate Bellah said.
Rookie's being treated at the Deer Creek Animal Hospital in Harrah.
The vet says he's in critical but stable condition right now.
"Other than that, he has pretty good spirits," Bellah says. "He's still got a long way to go before he's probably going to be ready for any kind of surgery."
Those caring for Rookie say he's about 4 years old, and while he does have a tag, it's unclear who owned him. His vet says it's incredible that he managed to survive.
"He could've gotten hit by a car or anything could've happened after that, and who knows how long he laid out there," Bellah said.
Now it's a waiting game to see if surgery can be done to save his leg.
"If he's in shock or anything like that, it'd be a lot harder for him to go through anesthesia and pull through," Bellah said.
The Humane Society of the United States is paying for Rookie's veterinary care, and it's offering $2,500 reward for information leading to the arrest and conviction of the person responsible
Anyone with information on this crime should call the Oklahoma County Sheriff's Office (405) 869-2501.


During setup, you create an IAM policy that allows read access to secrets that you have stored in AWS Secrets Manager. The settings for this policy are entirely up to you. The policy can range from most restrictive (allowing access to only specific secrets) to least restrictive (allowing access to any secret that you create using this AWS account). We recommend using the most restrictive policy as a best practice. However, the examples in this section show you how to set up policies with different levels of restriction. Because AWS Elemental MediaConnect needs only read access to secrets, all the examples in this section show only the actions necessary to read the values that you store.


text:
Fulvio Tomizza, né à Juricani en Istrie, province de Croatie, le  et mort à Trieste le , est un écrivain italien associé à la « Génération des années trente ».

Biographie

Œuvres traduites en français
 La Vie meilleure [«  La miglior vita »], trad. de Claude Perrus, Arles, France, Éditions Philippe Picquier, 1987, 251 p. ()
 L'Héritière vénitienne [« L'ereditiera veneziana »], trad. de Claude Perrus, Paris, Éditions Grasset et Fasquelle, 1991, 242 p. ()

Prix littéraires
1965 : Sélection du prix Campiello pour La quinta stagione (littéralement : La Cinquième Saison)
1969 : Prix Viareggio pour L'albero dei sogni (littéralement : L'Arbre des rêves)
1974 : Sélection du prix Campiello pour Dove tornare (littéralement : Où retourner)
1977 : Prix Strega pour La miglior vita (La Vie meilleure)
1986 : Sélection du prix Campiello pour Gli sposi di via Rossetti (littéralement : Les Mariés de la rue Rossetti)
1992 : Sélection du prix Campiello pour I rapporti colpevoli (littéralement : Les Rapports coupables)

Notes et références

Liens externes

Naissance en Istrie
Écrivain italien du XXe siècle
Romancier italien
Essayiste italien
Lauréat du prix Viareggio
Lauréat du prix Strega
Naissance en janvier 1935
Décès en mai 1999
Décès à Trieste
Décès à 64 ans

redpajama_set_name: RedPajamaWikipedia


text:
Gays and Lesbians for Public Broadcasting
Gays and Lesbians for Public Broadcasting (GLPB) believes that KPBS plays a vital role in the LGBT (Lesbian, Gay, Bisexual, and Transgender) community through its superior radio, television and online programming. GLPB seeks to sustain and expand this role by providing personal financial support to KPBS and by garnering the support of others in the LGBT community. After all, nowhere else on radio or television in San Diego can you find a more comprehensive and unbiased presentation of LGBT individuals, issues, and concerns.
Gays and Lesbians for Public Broadcasting members support:
Television programs that provide timely coverage of cultural and historical events and issues that affect the LGBT community.
Radio news reports and information important to the LGBT community.
Educational television shows for children and families.
Community outreach projects for people of all ages.
Locally produced shows developed for local and national audiences.
GLPB works to strengthen awareness within KPBS of the issues that are important to the LGBT community and identify potential new programming opportunities. It also works to educate the LGBT community about KPBS, its missions, its programming, and its vision for the future. In addition, Gays and Lesbians for Public Broadcasting provides a model for other public broadcasting organizations around the nation to use for fundraising activities in their own communities.
Those who belong to Gays and Lesbian for Public Broadcasting are part of a select group of individuals who are committed to making a difference in public television and radio in San Diego.
Through objective, truthful, and comprehensive storytelling, KPBS increases acceptance and understanding of the many diverse communities of San Diego. As a result, KPBS helps educate a wide audience about various community history, important issues, and the people who have made a difference for others. Gays and Lesbians for Public Broadcasting recognizes this fact and strives to support this mission of KPBS.
GLPB MEMBER LEVELS:
Directors Club Bronze Level ($500-1,199):
At this membership level you'll receive a KPBS logo item or choice of video, CD or other thank-you gift available at your specific donation level. You'll also receive the KPBS license plate frame and the KPBS MemberCard Plus.
Producers Club ($1,200+):
Producers Club members share the distinction of being among KPBS' most generous annual contributors to strengthen the impact of public broadcasting. More about Producers Club»
KPBS is a not-for-profit organization under Internal Revenue Code section 501 C(3). San Diego State University Research Foundation Federal Tax ID Number: 956042721
For more information about Gays and Lesbians for Public Broadcasting, contact Trina Hester.


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text:
Comparing The Floyd Riots To The Boston Tea Party Insults Actual Patriots
Joshua Lawson
One of the most galling and misleading arguments tossed around following the death of George Floyd is an attempt to draw a parallel between the carnage sweeping the nation and the Boston Tea Party.
In this clumsy effort, "riot" has become just the latest word twisted for political purposes. Merriam-Webster defines "riot" as:
A violent public disorder; specifically: a tumultuous disturbance of the public peace by three or more persons assembled together and acting with a common intent.
It takes an impressive level of historical illiteracy to describe the Boston Tea Party as a "riot." And while the spread of bad history is always lamentable, when agitators warp events like the original Tea Party to justify setting fire to American cities the deception becomes dangerous.
True Defenders of Liberty
On December 16, 1773, some 30 to 130 members of the patriot group known as the Sons of Liberty—some dressed as Mohawk warriors—boarded three British shipping vessels docked at Griffin's Wharf and dumped 342 chests of tea into the Boston harbor.
Though many witnessed the event's aftermath, it was a moonlit, covert act completed in three hours. No harm came to the ships and crews of the Beaver, Dartmouth, and Eleanor. No violence or confrontations of any kind took place between the British soldiers, colonial patriots, or Tory loyalists that night.
The justifiable motives of the event were, namely, the oppressive Townshend Acts and the Tea Act of 1773. More broadly, it was part of the growing frustration of American colonists being taxed without representation.
The colonials were under the correct impression that the 1689 English Bill of Rights recognized certain fundamental rights granted to all Englishmen. In response to the denial of these rights, the colonists struck back at the government responsible.
A Proportional, Targeted Response
The Sons of Liberty used the Boston Tea Party to send a targeted message to London. For the Crown-supported, monopolistic British East India Company that was the specific focus of the protest, the value of the destroyed tea amounts to $1.7 million today.
Yet, protesters harmed no property within the city of Boston itself. The only item damaged was a single broken padlock onboard one of the ships, replaced the very next day by the patriots themselves. The sole injury that night was to John Crane, a member of the Sons of Liberty who was temporarily knocked unconscious when struck by a crate of tea.
That cold night in December 1773, the Sons of Liberty did not seize or destroy the property of their countrymen. They didn't threaten members of other local militia companies, rampage through the streets of Boston, or exploit the anger of the moment to burn down the homes or businesses of their neighbors.
The Floyd protests, however, have already destroyed hundreds of buildings and led to the deaths of at least three people, including a slain police officer in Oakland.
The Answer to Injustice is Not More Injustice
As Target and other retail stores lie burning or ransacked in Minneapolis and throughout the nation, it isn't CEOs or millionaire businessmen who feel the brunt, it's the average workers who can no longer go to work.
Instead of "sticking it" to the source of what they see as "systemic racism," rampaging rioters and looters hurt those with whom they claim to empathize. Pillaging Targets, Wal-Marts, or similar discount stores harms single moms working two jobs. It hurts minorities trying to build up a resume. It hurts recent high school graduates who either can't afford college, can't get in, or can't pay the tuition without working retail for as many hours as they can between classes, studying, and sleep.
In the era of coronavirus, chaotic destruction and looting hurt the recently laid-off waitress, trade worker, or one of the 40 million others who filed for unemployment benefits since mid-March. Big retail stores exempt from mandatory closures can be temporary lifesavers. The jobs they offer can help pay rent or put food in the mouths of hungry kids. Wonton devastation doesn't help those grieving George Floyd—it deepens in the pain and pours salt on the wounds of a nation that's already suffering six ways from Sunday.
In contrast to the targeted nature of the Boston Tea Party, the chaotic riots that began in Minneapolis to protest racial injustice have devastated black small business owners. One particularly heart-wrenching example is of Korbi Balla, a black firefighter who spent the entirety of his life savings opening his own bar only to have indiscriminate arsonists burn it to the ground. Vandals in Minneapolis also destroyed 189 units of affordable housing that were set to open later in the year.
Mourn the lost tea of the British East India Company all you want. But remember, afterward, the Sons of Liberty didn't proceed to burn down Paul Revere's neighborhood.
Anarchic Violence Will Not Solve Our Problems
Civil Rights icon Frederick Douglass made it through the evils of slavery only to witness the struggle to remove the badges and incidents of that horrid institution. Speaking in 1883, he exclaimed, "The temptation at this time, is of course, to speak more from feeling than reason, more from impulse than reflection. We have been, as a class, grievously wounded, wounded in the house of our friends, and this wound is too deep and too painful for ordinary measured speech."
Yet, Douglass cautioned patience, not violence. "We should never forget, that, whatever may be the incidental mistakes or misconduct of rulers, government is better than anarchy, and patient reform is better than violent revolution," he said.
Eighty-one years later, in accepting the Nobel Peace Prize for his efforts in promoting nonviolent solutions to civil rights issues, Martin Luther King, Jr. echoed Douglass's sentiments:
Violence as a way of achieving racial justice is both impractical and immoral. I am not unmindful of the fact that violence often brings about momentary results. … But in spite of temporary victories, violence never brings permanent peace. It solves no social problem: it merely creates new and more complicated ones. Violence is impractical because it is a descending spiral ending in destruction for all. It is immoral because it seeks to humiliate the opponent rather than win his understanding: it seeks to annihilate rather than convert. Violence is immoral because it thrives on hatred rather than love. It destroys community and makes brotherhood impossible.
A Crime Against the Dead
The nightly horrors witnessed these past days do not symbolize what this country is. This isn't America. This isn't who we are. It's certainly not representative of the vast majority of law-abiding Americans who care deeply for their fellow man.
To continue to realize the equality enshrined to every American in the Declaration of Independence, to continue to work towards a more perfect union, we need to finally heed the words of men like Douglass and MLK.
If we're to have the informed citizenry needed to guard against tyranny and oppression, then the radical left must cease its gross distortion of American history.
Likening the lawless rioters filling America's major cities with terror with the patriots of the Boston Tea Party insults the memory of those who made this country possible and dishonors the higher principles that animated the American Revolution.
Citizens who peacefully assemble in non-violent protest do credit to the First Amendment. But those who plunder their neighbor's property and destroy America's cities aren't patriots, they're opportunists.
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He is not a bad fellow, though an absolute imbecile in his profession. He has one positive virtue. He is as brave as a bulldog and as tenacious as a lobster if he gets his claws upon anyone.
All of us are born with a set of instinctive fears - of falling, of the dark, of lobsters, of falling on lobsters in the dark, of speaking before a Rotary Club, and of the words "Some Assembly Required".
Remember that a very good sardine is always preferable to a not that good lobster.
What is the pattern that connects the crab to the lobster and the primrose to the orchid, and all of them to me, and me to you?
I'm at the round table, where your seat at? Where your plate, where your lobster, where your sea bass?
A typical Irish dinner would be: cream flavored with lobster, cream with bits of veal in it, green peas and cream, cream cheese, cream flavored with strawberries.
I don't eat friggin' lobster or anything like that. Because they're alive when you kill it.
There is no one of-woman-born who does not like Red Lobster cheddar biscuits. Anyone who claims otherwise is a liar and a Socialist.


Keratinocyte Integrin Crosstalk During Wound Healing.
Dissection of genetic and circuit mechanisms underlying fear memory generalization.
The overall goal of this application is to continue our work funded by a MERIT award on the dynamics and evolution of a bacterial group II intron. Group I and group II introns are self-splicing elements with a wide phylogenetic distribution, reflecting their dispersal through different mobility mechanisms. These introns initiate their own movement, and then tap into established pathways of recombination and/or repair to arrive at new destinations, in either familiar or foreign genetic neighborhoods. Group II introns are particularly important elements because they are the putative progenitors of eukaryotic spliceosomal introns, and they appear to be ancestrally related to mammalian retroelements, which, like group II introns, transpose via an RNA intermediate. Bacterial group II introns therefore provide an excellent model system for the function of these prevalent eukaryotic elements, which together occupy >50% of the human genome. Of additional importance is that site-specific DNA integration of group II introns is being exploited for gene targeting in biomedical applications. Our three specific aims all involve host-retroelement relationships and each is based on significant discoveries made during the previous funding period, as follows: First, we will further explore our findings that dissemination of the Lactococcus lactis group II intron, Ll.LtrB, is highly sensitive to host cell starvation, involving a dynamic interplay with small-molecule effectors ppGpp and cAMP. We are building high-throughput analytic tools to explore this relationship between the group II intron and the host's intra- and extracellular environment, and to test the hypothesis that the ribosome is the node of cellular networks that regulate retrotransposition. Second, we will pursue another recent discovery, namely the role in retrotransposition of the conjugative plasmid pRS01, on which the Ll.LtrB intron resides. Additionally, based on evidence that group II introns are subject to horizontal gene transfer, we will ask whether the intron RNA itself might be the transfer agent. Third, we will investigate the provocative finding that nuclear expression of the Ll.LtrB intron prevents the mature transcript from being expressed in yeast. This silencing of the transcript may have provided the selective pressure for the evolution of spliceosomal introns from group II introns. We will use genetic methodologies to probe host surveillance of group II introns and, potentially, gain further insight into evolution of a group II intron to spliceosome dependence. Thus, using classical and high-throughput genetic and biochemical techniques in bacteria and yeast, we will build on our discoveries, to explore the lifestyle, host inter-dependence and evolution of group II introns. The impact of these studies is an enhanced understanding of the function and evolution of these elements. Additionally, the work will facilitate the exploitation of group II introns as agents of DNA manipulation and gene therapy.
The overall goal of this application is to continue our work funded by a MERIT award on the dynamics and evolution of a bacterial group II intron. Group II introns are the putative progenitors of eukaryotic spliceosomal introns, and appear ancestrally related to mammalian retroelements, which together occupy >50% of the human genome. These studies are enhancing our understanding of the function and evolutionary impact of these elements, while they are facilitating their exploitation as agents of DNA manipulation and gene therapy.