Kenya Airways Limited (KA.ug) listed on the Uganda Securities Exchange under the Transport sector has released it’s 2009 abridged results.For more information about Kenya Airways Limited (KA.ug) reports, abridged reports, interim earnings results and earnings presentations, visit the Kenya Airways Limited (KA.ug) company page on AfricanFinancials.Document: Kenya Airways Limited (KA.ug) 2009 abridged results.Company ProfileKenya Airways Limited is the flag carrier airline of Kenya. It was wholly-owned by the government of Kenya until 1995 when the airline was privatised. Kenya Airways is now a public-private partnership with the largest shareholder being the government of Kenya (48.9%) and the balance owned by KQ Lenders Company 2017 Ltd (38.1%), KLM (7.8%) and private owners (5.2%). Kenya Airways offers domestic and international flights, ground handling services and handles import and export of cargo. Subsidiary companies of Kenya Airways include JamboJet Limited which provides local passenger air transport services, and African Cargo Handling Limited which provides cargo handling services. Kenya Airways Limited is listed on the Uganda Securities Exchange
Meridian Marshall Holdings (MMH.gh) listed on the Ghana Stock Exchange under the Support Services sector has released it’s 2017 interim results for the half year.For more information about Meridian Marshall Holdings (MMH.gh) reports, abridged reports, interim earnings results and earnings presentations, visit the Meridian Marshall Holdings (MMH.gh) company page on AfricanFinancials.Document: Meridian Marshall Holdings (MMH.gh) 2017 interim results for the half year.Company ProfileMeridian-Marshall Holding Company Limited (Marshalls) is a public educational initiative of Meridian Pre-University (PMU) which provides career-orientated post-secondary education courses as well as degree and diploma programmes for high school graduates and working adults in African and internationally. The company offers business-orientated degree and diploma programmes for students wishing to enter the fields of business management, arts and social sciences, modern languages, information technology, and hospitality and tourism. WASSCS graduates and working adults attend Microsoft-certified courses to improve their business technology skills. Other post-graduate courses on offer include engineering, law, communication, medicine and practical job skills. Marshalls is accredited by the National Accreditation Board (NAB) to operate as a tertiary institution and is affiliated to the University of Cape Coast, Ghana and Microsoft Technology Academy in the USA. Marshalls is based in Accra, Ghana. Meridian-Marshall Holdings is listed on the Ghana Stock Exchange
Please enter your comment! April 10, 2017 at 11:49 pm The Anatomy of Fear Support conservation and fish with NEW Florida specialty license plate Greg Jackson is a past Assistant Attorney General for the State of Florida, a military veteran, current Orange County District 2 Representative on the Board of Zoning Adjustments, and General Counsel for the Community Redevelopment Agency. He has been as an active member of the Central Florida community for nearly 20 years. He was most recently a candidate for the Florida House District 45 seat. You have entered an incorrect email address! Please enter your email address here LEAVE A REPLY Cancel reply Please enter your name here Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 Reply Save my name, email, and website in this browser for the next time I comment. Mama Mia 1 COMMENT TAGSGreg Jackson Previous articleFHP: Pedestrian struck and killed on 436 in ApopkaNext articleBreaking News: Richard Anderson enters into plea agreement Denise Connell RELATED ARTICLESMORE FROM AUTHOR I was in another town last week and was talking with a gentleman and he asked me if I lived in that town, and I said no. He then asked me where I lived, and I said Apopka. He said, oh Apopka, man there’s some major traffic going on there, and I said yes there sure is. He said, I don’t go through there anymore, because it is too congested and I use the bypass, and go around Apopka. I thought to myself, well there is one person who uses the bypass around Apopka, LOL! Share on Facebook Tweet on Twitter What will the population of Apopka be in 2037?OpinionBy Greg Jackson, Esq.I am going to make a bold, scary prediction, and when it comes to fruition you can say you heard it from me first. I predict that by 2037, a mere 20 years from now, the population of Apopka, incorporated and unincorporated, will reach nearly 100,000 residents. With Florida Hospital being built, the city center getting closer to becoming a reality, and new rooftops going up across the City, there is no ignoring the impending shift of Apopka from a “bedroom community” to a fledgling metropolis, with all of the shiny things that come with moving up the proverbial ladder.Greg JacksonWhile the growth is a certainty, what is uncertain is the affect that this growth will have on the City, particularly if it is allowed to occur with no real understanding of the implications. One such issue will lie with transportation as the trusted, old main artery of Apopka, 441, as well as the newer 429, will be stretched to capacity as old and new residents of Apopka fight to get from point A to point M and all the points in between. Transportation will become an even bigger headache especially since there are no significant improvements for the mass transit system in Central Florida (i.e., bus, light rail, commuter rail, etc.) with the aim of getting folks from their homes in Apopka to their jobs and nightlife in Orlando. But wait, with this new boom in population and growth, rest assured that new industries will look to Apopka for space, resources, and people. In fact, East Orange County, around the University of Central Florida, Research Parkway, Avalon Park, Waterford Lakes and Lee Vista communities, provides us with a glimpse of what Apopka has in store. To satisfy a population that is growing and hungry for recognition as the biggest, baddest and best area with the shiniest new things, Apopka will no longer hold the distinction of having coveted rural, agricultural hubs, but rather will evolve into a technologically advanced hub that people will flock to be educated, to invent things and to try to shape the world. I also believe that UCF will make a move to expand its campus, which will boast a student population of 100,000+, to Apopka, and if so Apopkans must be prepared to share this City with quite possibly 25,000 students, faculty and staff of “UCFʼs West Orange Campus.”Nightlife, too, in Apopka will explode. No longer will Porkieʼs, Chiliʼs or Froggerʼs serve as the premier night spots. Instead, young hip, quasi-urbanites will find their way to Apopka to expand the hours of operation for most businesses from 10:00 p.m. to 2:00 a.m. or later. The pending 2037 growth will test the bounds of the infrastructure that is in place now, and we can only hope that the Mayor and City Commission of 2018 will fully appreciate the future needs of the City and will have plans to address those needs for 2037 and beyond. The growth in roads, industry, nightlife and housing will either put a halt to or outright kill, any eco-tourism efforts that are or have been put in place, as the new Apopka will need more land, more houses, more buildings, more technology to accommodate the growth.Even more troubling is that as the population explodes, as the industries come, as the roads widen and the structures grow taller, I see Apopka losing its identity. The City that is so rich in celebrated, and some hidden, history will sink into this new place that will have no real feeling of community, no real feeling of family, no real feeling of home, and will become a callous, superficial place. Some may misinterpret this and say that I am anti-growth, while the converse is actually true. I am indeed pro-growth, but smart growth. If Apopkans do not become more involved in their government and stand to have their voices heard in council meetings, during election season or when your neighbor needs a hand, you will one day wake up in an Apopka that you do not recognize. One day you will wake up and the Apopka you once loved, will have disappeared – in my humble opinion.
Activists protested outside the Israeli Consulate in Philadelphia during rush hour on June 27, as an emergency response to the raids, bombings, demolitions, murders and kidnappings by Israeli Defense Forces against occupied Palestine over the previous week. Participants especially focused on the demand to free the thousands of Palestinians held in prisons, including hundreds of children.The rally was called on two days’ notice, in response to the appeal by the Popular Front for the Liberation of Palestine “to take to the streets and take action in response to the ongoing occupation’s attacks and atrocities against almost every city, town, refugee camp and village in the West Bank and Gaza.”Protesters chanted for an hour and a half, held up signs and banners, and handed out leaflets to passers-by as well as passing drivers, many of whom honked horns in solidarity.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Baltimore has become a national focus of protests against racist police murders and attacks. Here, Baltimore activists describe three recent events in which the Black community and its supporters mobilized in the fight to bring the police to justice.On anniversary of rebellion, cops shoot 13-year-oldPeople gathered in East Baltimore on April 30 to demand justice for Dedric Colvin, a 13-year-old boy who had been shot two days earlier by plainclothes police officers. Colvin, who survived, was shot in the leg and shoulder during an encounter with police, who say he was carrying a basketball and a toy BB gun.When his mother tried to assist her son, who was lying on the ground badly wounded, police responded by handcuffing her. They held her in the city jail before she was finally allowed to see her son at Johns Hopkins Hospital.Protesters at the site of the shooting spoke out against police actions, opposing a “shoot first and ask questions later” policy when it comes to Black people in Baltimore. They contrasted what happened to Colvin with cases where police attempt to “talk down” white suspects. They also made it clear that police “were shooting to kill” in this case.On the day after the shooting, Police Commissioner Kevin Davis blamed the 13-year-old and his mother for the police assault, questioning the boy’s motives for walking in his own neighborhood with a basketball and a toy gun. Davis said the officers had “little choice.”After an hour of speeches about police brutality in Baltimore, activists led a march from the site of the shooting down Fayette Street to police headquarters. Chants of “Tell the truth and stop the lies! Our Black children don’t have to die!” and “What do we want? Justice! When do we want it? Now!” rang out from the crowd. Many passing motorists honked and leaned out of windows to express their solidarity with the group.This shooting occurred on April 28, the one-year anniversary of the Baltimore Uprising, which came in response to the police killing of Freddie Gray. One year later, many residents are left wondering what happened to the promises made to the community by police officials and local government. Protesters have said they are more committed than ever to fighting police brutality in Baltimore.— Cody WebbNew medical report supports Tyrone West family’s chargeNearly three years ago, police in northeast Baltimore killed a 44-year-old African-American man. While the details surrounding the death of Tyrone West on July 18, 2013, are for the most part unknown, the story is all too familiar in the United States.Police in an unmarked vehicle made West pull his car over merely for “suspicious activity.” At some point, a struggle broke out in which the police attacked West with their batons, fists and pepper spray. The ordeal ultimately killed him.In a typical cover-up, the medical examiner’s report stated that West died from a heart attack due to summer heat and a “pre-existing heart condition” — not from excessive force by several police officers who beat him. The police who murdered him were then cleared of any wrongdoing and never charged with any crime.There was one problem with this narrative: West’s family says he was in good health and had no heart condition.A recent independent review of the examiner’s report by Dr. William Manion of Memorial Hospital in Salem County, N.J., says the evidence points not to a “bad heart” having killed West, but instead to “positional asphyxiation.” He was suffocated. The family is calling for the body to be exhumed so another autopsy can be performed, this time independently of the police.This new review of the case is the latest action in a long struggle by West’s family for justice. Tawanda Jones, West’s sister, has been a particularly active and visible fighter for her brother. For 146 weeks — on every Wednesday since West was murdered by the police — she has held a protest somewhere in Baltimore as part of a series of “West Wednesdays.”The murder of Tyrone West, as well as the complicity of the medical examiner and the ultimate lack of police accountability, is emblematic, on the one hand, of the war being waged by the police forces of the capitalist U.S. government against all nationally oppressed peoples. On the other hand, the tenacity and defiance shown by his family and other groups who have time and again taken to the streets inspire confidence that the people will eventually win justice for the victims of police brutality and overthrow this racist capitalist system.— David CardJustice for Aaron Winston!“This is just wrong. I want justice for my son,” said Renee Winston, mother of Aaron Winston, after his first trial hearing on May 3. Her call echoes the pain and resiliency of those Black folks resisting police forces that creatively mask feelings of anti-Blackness behind employment of Black officers, diverting attention from police impunity to “Black-on-Black crime” and blaming unarmed, innocent people. Her call illuminates the unjust workings of a white supremacist society only interested in living Black bodies when they are mute and exploitable for profit.When a Black person survives an attack by a racist white police officer, it is defiance. Aaron Winston defied.On Feb. 20 at the Power Plant Live! nightclub, Winston was asking a Baltimore police officer with whom he was friends why his companion was being removed from the club. A white police officer came from behind and forced Winston to the ground in what is known as a “take down.” The attack left him with an arm broken in three places, held together only by screws.After begging to be taken to the hospital, Winston was verbally harassed by officers before being seen by a doctor, given just enough time for surgery and then thrown in jail without pain medication. Winston was charged with two counts of second-degree assault, two counts of resisting arrest, failure to obey, obstructing and hindering, and disorderly conduct.Winston has since been released, and is undergoing therapy. The Baltimore People’s Power Assembly held a small picket line outside his first hearing on May 3. Winston was granted a jury trial, scheduled for June 9. Supporters of Winston will not be moved and are demanding that the officers who brutalized him be charged with assault, jailed and fired and that all charges against Winston be dropped immediately.— Kira-Lynae PindellFacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
TCU News Now 4/21/2021 Linkedin ReddIt Twitter Honors College removed from House of Representatives Ryan Bunnell A man copying down information on how to contact a job center that closed amid the coronavirus pandemic. Photo courtesy of AP Photo/Rogelio V. Solis. Previous articleBlanket Coverage Podcast – 2019/20 NFL Exit Interviews Episode 111 – Patriots, Saints, VikingsNext articleHoroscope: April 23, 2020 Ryan Bunnell RELATED ARTICLESMORE FROM AUTHOR Facebook How COVID-19 has affected TCU’s School of Music + posts Facebook Ryan Bunnell is a sophomore sports broadcasting major and journalism minor from Kennedale, Texas. He is member of the TCU Drumline and hopes to work as a sports reporter in the future. Ryan Bunnellhttps://www.tcu360.com/author/ryan-bunnell/ World Oceans Day shines spotlight on marine plastic pollution Twitter Linkedin Welcome TCU Class of 2025 TCU places second in the National Student Advertising Competition, the highest in school history Ryan Bunnellhttps://www.tcu360.com/author/ryan-bunnell/ Ryan Bunnellhttps://www.tcu360.com/author/ryan-bunnell/ ReddIt printSince the start of the coronavirus pandemic in America, businesses across the country have been closing down, and many college students have lost potential jobs or internship opportunities.As of April 27, total unemployment claims have reached 26 million in the U.S. since the outbreak of the COVID-19 pandemic, and the unemployment rate reached 4.4% in March. With the unprecedented rise of the unemployment rate, this is potentially the worst economy for graduating college students to begin their job search since the Great Depression. Ryan Bunnellhttps://www.tcu360.com/author/ryan-bunnell/ Video credit: CNN YouTubeThe coronavirus pandemic is also largely affecting current college students who work to support themselves financially through school.One TCU student, junior theater production major Alexis Moorer, works over the summer to save up money for the next academic year. But she no longer has a job lined up for this summer due to COVID-19.“I contacted my employer recently to ask about the status of the company and whether there were still employment opportunities,” Moorer said. “Unfortunately, they will not have any opportunities to hire me this summer as of right now.”Alexis Moorer. Photo courtesy of @alexismoorer on InstagramMoorer was initially offered a full-time job at JCPenney corporate this summer, where she would be working with a Dallas-based photography company dealing with the merchandise in storage that will be used for advertisements or online purchasing.Moorer said she is concerned about finding a well-paying job to afford rent or any necessities for the upcoming school year and is already considering taking out additional loans for next semester.She is currently staying in an apartment in Fort Worth with a roommate, but Moorer’s situation could change.“I’ve been careful about how I am spending my money, buying only necessities,” Moorer said. “I will most likely need to live back home with my parents if I am unable to find work.”Since moving to distance learning, TCU has transitioned all career center programs to a virtual format and is now offering remote career advising and employer connection options.College students all over the country have lost opportunities due to COVID-19.Evan Ragoowansi. Photo courtesy of Evan Ragoowansi’s FacebookEvan Ragoowansi, a graduating senior at Georgia Institute of Technology majoring in mechanical engineering, was planning to participate in a graduate research internship this summer for the National Renewable Energy Lab in Denver.“They simply contacted me saying they would no longer be hiring interns this summer amid the coronavirus pandemic, no other communication,” said Ragoowansi.Ragoowansi is currently staying in off-campus housing and has not filed for unemployment because he is still considered a student.He will begin graduate school at Georgia Tech in the fall, but until then, Ragoowansi plans to live off savings and is hoping to receive a living stipend next semester. No.1 ranked TCU Rifle eyes championship repeat as postseason gets underway
Call for Iranian New Year pardons for Iran’s 21 imprisoned journalists to go further September 9, 2004 – Updated on January 20, 2016 Three journalists arrested in continued crackdown against Internet Receive email alerts Follow the news on Iran Iran: Press freedom violations recounted in real time January 2020 News Help by sharing this information February 25, 2021 Find out more RSF_en IranMiddle East – North Africa Reporters Without Borders said it was outraged at the latest escalation in a crackdown against news on the Internet as three journalists contributing or having contributed to a reformist site were arrested on 7-8 September.They were Babak Ghafori Azar, Shahram Rafihzadeh and Hanif Mazroi – the latest victims of a wave of arrests and closures launched by Iranian judicial authorities against news sites with reformist leanings.”Reporters Without Borders is outraged at this latest escalation against the right to inform the public via the Internet in Iran.”After closing or blocking several sites and arresting several of their staff, the Tehran authorities are summoning, arresting and threatening journalists suspected of having links to these sites, said the international press freedom organisation.”We call on the Iranian authorities to immediately release the three journalists arrested this week and end its crackdown against Internet news sites.” Security forces arrested Babak Ghafori Azar, of the financial daily Hayat-e now at his home on 7 September after searching the premises.Shahram Rafihzadeh, head of the cultural section of the newspaper Etemad, was summoned by the Tehran prosecutor’s office last week but did not answer his summons. He was arrested on 7 September at the newspaper, apparently by the morals police, a department of the Tehran police forces seen as close to the intelligence services.Hanif Mazroi, former journalist on several reformist press titles, was arrested after answering a summons from the 9th chamber of the Tehran prosecutor’s office on 8 September.The three journalists appeared to have detained in connection with the blocking on 21 August of the Internet news site Rouydad (www.rouydad.info), on the order of the Tehran prosecutor’s office.Some six to eight people working for Internet service providers, who were summoned then arrested by the Tehran prosecutor’s office about two weeks ago, have been released.All of them spoke of harassment and threats and said they had been warned not to communicate with anyone about their arrests if they wanted to be released. Organisation March 18, 2021 Find out more June 9, 2021 Find out more News News IranMiddle East – North Africa News After Hengameh Shahidi’s pardon, RSF asks Supreme Leader to free all imprisoned journalists Reporters Without Borders said it was outraged at the latest escalation in a crackdown against news on the Internet as three journalists contributing or having contributed to a reformist site were arrested on 7-8 September. They were latest victims of a wave of arrests and closures launched by Iranian judicial authorities against news sites with reformist leanings.
April 28, 2021 Find out more RSF_en Mikhlif Al-Shammari, a well-known writer and activist who has been the target of repeated judicial persecution, was sentenced on 3 November by a special criminal court in the eastern city of Al-Khobar to two years in prison and 200 lashes.He was convicted and sentenced just two weeks after being summoned to the General Intelligence Directorate in Al-Khobar and ordered to close his Twitter account (@mikhlif) within 48 hours in connection with another complaint. He has 30 days to appeal the sentence.Suad Al-Shammari, the first female lawyer lawyer, activist and joint founder (with Badawi) of the now closed Saudi Liberal Network website, was arrested in Jeddah on 28 October after being questioned about some of her tweets, which were deemed to have insulted Islam and endangered public order. She is now in a Jeddah prison.“We condemn the Saudi government’s repressive policies towards dissidents who are increasingly using the Internet,” Reporters Without Borders deputy programme director Virginie Dangles said.“We urge the authorities to reverse these decisions, to release all the netizens and human rights activists who are being denied their right to freedom of expression and information, and to abandon all judicial proceedings against them.”The Gulf Centre for Human Rights said Mikhlif Al-Shammari was convicted for organizing an unauthorized dinner with dissidents after his release from prison in 2012, associating with Shiite clerics, agitating public opinion and reminding the public of the importance of coexistence between Sunnis and Shiites in Saudi Arabia.In a letter to Saudi Arabia’s human rights commission, he confirmed having sent a tweet calling for coexistence between Sunnis and Shiites and saying he was going to pray in the Shiite city of Sihat, and reiterated his well-known support for the country’s Shiite minority, which has been calling for political and social reforms since 2011.Mikhlif Al-Shammari has been harassed by the security services since 2007 because of his activism and has been publicly criticized by his son in recent years. Several judicial cases have been brought against him in the past and he is currently the subject of two separate proceedings.In June 2013, a Jeddah criminal court sentenced him to five years in prison and a ten-year ban on appearing in the media or writing for the media. He was convicted of trying to discredit the kingdom’s reputation in the eyes of domestic and international public opinion, insulting the clergy and inciting divisions within the people in his many articles and in a video on YouTube. This sentence was upheld by a Riyadh criminal court on 4 March and was confirmed by an appeal court in July.He was arrested on 15 June 2010 in connection with his posts on the Saudiyoon and Rasid news websites criticizing political and religious officials, and was released in 2012 pending trial.The tweets by Suad Al-Shammari that have caused controversy include one in 2013 in which she criticized the tenet that Muslim men should grow beards to distinguish themselves from infidels, and a more recent one that combined a photo of a man kissing a cleric’s hand with criticism of clerical arrogance and pride.Ranked 164th out of 180 countries in the Press Freedom Index, Saudi Arabia is on the Reporters Without Borders list of Enemies of the Internet, while King Abdallah Ibn Abdulaziz Al-Saud is on the list of Predators of Press Freedom. Two more cyber-activists are now behind bars including one who was given another jail term on 3 November, just two days before Raef Badawi, a blogger and human rights activist serving a 10-year jail term, was awarded the Reporters Without Borders Press Freedom Prize in Strasbourg. to go further News June 8, 2021 Find out more November 12, 2014 – Updated on January 20, 2016 Saudi authorities continue witchhunt against netizens Saudi ArabiaMiddle East – North Africa News RSF joins Middle East and North Africa coalition to combat digital surveillance Follow the news on Saudi Arabia News Saudi media silent on RSF complaint against MBS News Help by sharing this information NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say Saudi ArabiaMiddle East – North Africa Receive email alerts Organisation March 9, 2021 Find out more
October 25, 2011 – Updated on January 20, 2016 WikiLeaks suspends file publishing due to funding crisis Help by sharing this information WikiLeaks is forced to suspend file publishing until further notice due to funding crisis. Assange said the financial blockade mounted by companies including Visa and MasterCard since December last year made the website funding plunge by 95 per cent. RSF_en News Organisation
News Updates[Rape And Murder of Minor] Orissa HC Sets Aside Conviction For Rape, Commutes Death Penalty To Life Imprisonment Mehal Jain9 Nov 2020 2:07 AMShare This – xThe Orissa High Court last week commutted the death sentence of a 28-year-old man to life imprisonment while upholding his conviction for murder of a 9-year-old girl, but acquitting him of charges of raping her.A resident of Godaharishpur village in Jagatsinghpur district, the girl went missing on March 20, 2018. The next day, her body was found in a cashew nut orchard nearby. The same…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Orissa High Court last week commutted the death sentence of a 28-year-old man to life imprisonment while upholding his conviction for murder of a 9-year-old girl, but acquitting him of charges of raping her.A resident of Godaharishpur village in Jagatsinghpur district, the girl went missing on March 20, 2018. The next day, her body was found in a cashew nut orchard nearby. The same day, police arrested a villager Kalia Manna on the charges of allegedly raping and murdering the girl. The Special Pocso court, Jagatsinghpur, had convicted Manna in the case and awarded him death sentence on September 10, 2019. The death sentence was then referred to the High Court for confirmation which was heard by Justices S. K. Mishra and A. K. Mishra.”There is no direct evidence and the case is based on circumstantial evidence. The circumstances on which an inference is sought to be drawn must be cogently and firmly established and in order to sustain conviction, must be complete and must be incapable of explanation of any other hypothesis than that of guilt of the accused”, noted Justice A. K. Mishra.Perusing the records, the judge found that what is proved beyond reasonable doubt is that the five injuries found on the neck of the victim are caused by hard and blunt pressure and compression twist with strangulation and that the death of the victim is homicidal in nature and it is due to strangulation.”The oral evidence of witnesses who saw the dead body and found blood stain on the private part of the deceased without corroboration from any scientific evidence, cannot be the basis to hold that hard and blunt foreign body was introduced to commit rape”, said the judge, adding that it would be an act of paving way to their guesswork which has no place in criminal trial. Being alive of the law that rape is now defined U/s.375 of I.P.C. inter alia that insertion of any object to any extent into the vagina of a woman is rape, the judge said in such a situation, it would be a prosecutorial overreach to draw an inference that rape has been committed particularly when Chemical examination report does not show any sign of spermatozoa to establish sexual assault. “Suspicion however grave may be cannot take the place of proof. Because of this, what is revealed from the evidence of doctor and chemical examination report is that the death of deceased is homicidal in nature but there is no proof beyond reasonable doubt that victim has been subjected to sexual assault”, observed the judge.After culling out the circumstances, the judge came to the conclusion that the following three circumstances, i.e, (i) last seen theory, (ii) discovery of fact U/s.27 of the Evidence Act and (iii) conduct of accused as well as availability of blood stains in his wearing apparels, are established beyond reasonable doubt and unerringly point towards the guilt of the accused. The last seen theory gets corroboration from other two circumstances, i.e. recovery of facts and the conduct of accused having blood stained apparels. “Taking cumulatively, all the above circumstances form a chain so complete that there is no escape from the conclusion that the murder of victim on 20.3.2018 was committed by the accused and none else. The guilt of the accused is proved beyond reasonable doubt”, concluded the judge.As a result, the condemned prisoner was held guilty of the charge U/s.302 I.P.C. and his conviction by the Special Court on this count was upheld. However, the accused was held not guilty U/s.376(2)(i) and 376-A I.P.C. and U/s.6 of POCSO Act and the conviction to that extent was hereby annulled and he is acquitted therefrom.”In the case in hand, the offence of lust is lost raising residual doubt upon the act by sexual assault. Having regards to the aggravating and mitigating circumstances, we are of the opinion that, the mitigating circumstances outweigh the aggravating factors. Conscience is shocked but there is an alternative available to the death sentence. The assumption of power to take one’s breath away, in the facts proved would be stretching the direction ‘in rarest in rare cases’ beyond the limit of limitation so far prescribed by the precedents. The sentence ‘Imprisonment for Life’ will be just and proper. The death sentence awarded by the learned Trial Court is not to be confirmed. Instead it is to be modified to Imprisonment for Life for offence U/s.302 of I.P.C”, concluded the judge.Justice S.K. Mishra, in his separate but concurring opinion, found that the condemned prisoner is a 28 years old man belonging to low status of the society and a villager, who could not afford to engage a defence counsel on his own and was provided the assistance of an Advocate as State defence counsel. The offender does not have any criminal track record. The judge appreciated that there is neither any material on record to show that he has been charge-sheeted by the police for committing any other offences in the past nor he has been found guilty by any court of competent jurisdiction. He is a semi-literate rustic villager earning his livelihood as a labourer, who can barely write his name as signature on the accused statement. Moreover, the accused is only 28 years old at the time of trial. So, the judge was of the view that there is every chance of his being reformed by the correctional treatments meted out by the authorities in charge of the penitentiary.”In this case, as already observed by my learned brother Dr. Justice A.K. Mishra, the offences under Sections 376 (2)(i) and 376-A of the IPC and Section 6 of the POCSO Act have not been established by the prosecution. There also appears to be nothing uncommon about the crime, which would render the sentence of imposition for life inadequate and calls for a death sentence…we are of the opinion that this is not a case where there is no alternative but to impose death sentence even after according maximum weightage to the mitigating circumstances in favour of the offender”, concluded the judge, holding that this is not a case which falls in the category of rarest of rare cases, where all other options, but the sentence of death, is foreclosed.Click Here To Download Judgment[Read Judgment]Next Story