“Consensual Sex Between Minors A Grey Area Under POCSO Act”: Bombay High Court

first_imgNews Updates”Consensual Sex Between Minors A Grey Area Under POCSO Act”: Bombay High Court Nupur Thapliyal6 Feb 2021 12:00 AMShare This – xThe Bombay High Court on Thursday observed that enactment of POCSO Act has been a “significant and progressive step” in securing children’s rights, however, incidents of consensual sex between minors has been a grey area under the law as minor’s consent is not valid in the eyes of law. The observation came from Justice Sandeep K. Shinde while granting bail to a 19 year old…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 Bombay High Court on Thursday observed that enactment of POCSO Act has been a “significant and progressive step” in securing children’s rights, however, incidents of consensual sex between minors has been a grey area under the law as minor’s consent is not valid in the eyes of law. The observation came  from Justice Sandeep K. Shinde while granting bail to a 19 year old boy convicted for repeatedly raping her minor cousin under sec. 4 and 6 of the POCSO Act along with sec. 376(2)(n) and sec. 354 of Indian Penal Code, 1860. The incidents date back to the September 2017 when the victim was in her 8th standard and was living in the house of the accused (son of her paternal uncle) since 2 years. The bench while looking at the unique facts of the case observed that during the course of investigation, the victim under her sec. 164 Cr.P.C. statement had disclosed that “it was a consensual act, not once but at least 4-5 times.” It is at this outset that the Court observed: “I am conscious of the fact that the passing of POCSO has been significant and progressive step in securing children’s rights and furthering the cause of protecting children against sexual abuse. The letter and spirit of the law, which defines a child as anyone less than 18 years of age, is to protect children from sexual abuse.” The single judge went ahead to observe “I am also conscious of the fact that consensual sex between minors has been in a legal grey area because the consent given by minor is not considered to be a valid consent in eyes of law.” In view of this, the Court granted bail to the accused by observing that since the victim resiled from her statement and further disowned the contents of her sec. 164 statements, the accused is entitled to be granted bail. Furthermore, the bench observed that the opinion of doctor which concluded the sexual assault was subject to FSL report which was not obtained in the instant case till the conclusion of the trial. The bench also took note of the circumstances surrounding the case that the facts of the case are distinctive contributing to the victim being the first cousin of the accused and both of them being of the age of 15 and 19 years old at the relevant time and the same cannot be overlooked. Therefore, the Court granted bail to the accused on executing a personal bond of Rs. 25,000 with one or two sureties of like amount. Judgment dated: 04.02.2021Click Here To Download[Read Judgment]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Peru Sets Goal of Eradicating Terrorist Remnants

first_imgBy Marcos Ommati/Diálogo December 24, 2018 In October 2016, retired Peruvian Navy Rear Admiral Francisco Calisto Giampietri returned to active duty as a vice admiral to lead the Joint Special Operations and Intelligence Command (CIOEC, in Spanish) to, in his own words, “help stamp out remnants of the Shining Path,” a terrorist organization that still operates in the Apurímac, Ene, and Mantaro Rivers Valley (VRAEM, in Spanish). In September 2018, Diálogo visited the Joint Special Force’s headquarters in Chorrillos, Lima, to speak with Vice Adm. Calisto about the operations elite units carry out in the country. The officer retired in December. Diálogo: Why was the Joint Special Operations an Intelligence Command created? Peruvian Navy Vice Admiral Francisco Calisto Giampietri, commander of CIOEC: CIOEC was created in response to a requirement that initially focused on VRAEM, because that was the priority at the time, about 10 years ago. That’s how the VRAEM Special Command [CE-VRAEM, in Spanish] was created; it then became necessary to increase operations based on operational intelligence, which in the end led to tactical operations. And CIOEC was created because many of these were non-conventional operations, involving personnel with more operational capacity than regular troops. Diálogo: Why? Vice Adm. Calisto: Because in Peru our troops are geared toward military service. As such, most service members didn’t have adequate experience for the job required in the very complex VRAEM area. For example, altitude ranges between 600 and 4,800 meters above sea level. So, during an operation, soldiers might start at 600 m and end at 3,200 m. This need to adapt to the terrain goes beyond what a regular soldier is used to. So we found it necessary to use special forces. This special command is restricted to the VRAEM area of operations, which every now and then is declared as an emergency area. Diálogo: When do you declare a state of emergency? Vice Adm. Calisto: The Police monitors domestic order. When it’s disrupted in certain specific areas, a state of emergency is declared. Here, some prerogatives are lost. For example, citizens cannot circulate freely without their ID. There are several restrictions, and in emergency areas there might be two types of control for domestic order: first, police control, and second, military control. VRAEM is in an emergency area. This is renewed every 30 or 60 days, depending on the situation, and the domestic order is monitored by the military, which means that the CE-VRAEM commander has control over the Army, Air Force, Navy, and local police. They have a legal responsibility and are authorized by law to keep order, which wouldn’t occur in normal situations, because the Armed Forces don’t have that right, except in VRAEM. Diálogo: Why isn’t the Shining Path deemed a narcoterrorist group? They currently survive on narcotrafficking, without their old communist ideology, correct? Vice Adm. Calisto: The ideology is still present on the orthodox side of the organization, but in a very basic way. They use this platform to influence the population with fear and other threats. The term “narcoterrorism” doesn’t exist in our legislation. We have narcotrafficking, and we have terrorism. Both are interrelated, it’s true. But legal changes are not as fast as operational ones. To change laws, they have to go through Congress, and this is a long process. So there is no legal term to define narcoterrorism. If I arrest you on narcoterrorism charges, you can go free tomorrow, because that category doesn’t fall under any law. Diálogo: Do Peruvian special operators act mainly in VRAEM? Vice Adm. Calisto: Currently, yes. We are more active in VRAEM. But we also operate in Putumayo, and we can also operate in the north and south, because special operations are conducted everywhere. So CIOEC became an operational command. We had an operation in Putumayo back in July, where, among other things, we neutralized several labs and arrested 51 illegal immigrants who had crossed the Putumayo River into Peru for narcotrafficking. We destroyed four labs there. We are prepared to work all over Peru, and that’s why we became an operational command. Diálogo: How is the operational command composed? Vice Adm. Calisto: The Army, Navy, and Air Force comprise it. Based on my requirements, they give me their troops. At present, I tend to a theater of operations that is a permanent client: CE-VRAEM. My requirement for special operations is clearly determined in a directive. So we determine the magnitude of the force we need to use. For example, let’s say I need 36 platoons. I cannot go to the Army and request 36 platoons. The Army can’t deploy 36 platoons to my command and end up without any personnel. What we do is a mixture, depending on the amount of people each institution has. Generally, the Army is the branch with more personnel. We may request some platoons from the Army, then some from the Navy, and some from the Air Force. They leave their areas of responsibility and come under my operational control. They are no longer part of the Army, or the Navy, or the Air Force. They come from there, but I coordinate them. Based on my requirements, I assign them their mission, remove them, move them, and send them back. There are operations in which the Army platoon is supported by the Navy platoon, or both become part of a joint operation—even with the National Police, which deploys agents for my operational control. They have access to privileged intelligence that I don’t, for example, such as tapped phones.​​​​​​​ Diálogo: Can you mention any recent combined operation the Peruvian special forces conducted with the United States, especially U.S. Southern Command [SOUTHCOM]? Vice Adm. Calisto: I won’t specify what we did, but we had this ongoing operation, Operation Tenacious (Operación Tenaz). Before the operation, the United States helped us a lot with intelligence. The information SOUTHCOM provided helped us greatly to carry out the operation. Later, during the operation it was DEA that gave us tactical support to conduct the operations through specialized information. That way, we were able to get direct feedback from DEA during the operation. To my knowledge, we never had a DEA officer in the Peruvian Operational Intelligence Command’s General Staff during an operation. In other words, we had a DEA officer by our side while we operated. Therefore, our requirements were handled by DEA in real time, and they helped the operation at the tactical level. Diálogo: Is Peru conducting combined training with other countries in the region, apart from the United States? Vice Adm. Calisto: With Colombia, we have a fluid two-way communication, which helped greatly in the organization of this unit [CIOEC]. Colombia’s CCOES [Special Operations Joint Command] has a lot of experience. We don’t have as many helicopters; we don’t have as many people. The situation in Colombia is different from the situation in Peru. Our issue is much more focused. In Colombia, it was a bit wider. They have Plan Colombia; we don’t have a Plan Peru. We have support on other levels, but our problem is also focused on a certain area. Even so, the experience Colombia gained was replicated here. Colombian officers came; we have an ongoing, mutual support plan with them. Diálogo: What is your main challenge? Vice Adm. Calisto: My main challenge is the challenge of Peru: to stamp out this terrorist remnant organization that exists in VRAEM. It’s true that it is symbiotically related to narcotrafficking, and stamping out this scourge is almost impossible. But this doesn’t mean that we won’t keep fighting this. Our main focus is to deactivate the terrorist cell that exists in the area, a process we’ve better focused and tightened little by little. That’s my job. That’s why I’m back. I’ve been assigned to this unit, and I hope to help put an end to this. We conduct real operations, and we must put an end to this as soon as we can.last_img read more

Credit unions trapped in the thick of thin things

first_img 206SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Scott Butterfield Spend as much time with credit union boards and management teams as I do and you’ll learn that far too many credit union leaders spend too much time focused on the “thin” operational things and not enough time and thought on the “thick” strategic things.The thick important things are the mission, vision, and values that define us. The thick is the bold strategies that inspire us to move forward and motivate meaningful engagement. It’s a fuller understanding of how the world is changing around us, and a constant desire to evolve, adapt, change, grow, and affect others in a meaningful way.The thin, less-important things are operational and tactical. The business we’re in requires a high degree of compliance and exactness, whether it’s timely reporting to examiners, accurate transactions for members, or monitoring internal controls. These things are all very important. However, if we’re not careful, these operational details can easily become all that we regularly focus on, and we become trapped in the thick of thin things.SymptomsIt’s usually easy to spot credit unions trapped in the thin of things. Growth and revenue are weaker at these credit unions. Culturally, they reward good operational results, but don’t reward new ideas or risk-taking at the same level. Ask these leaders where they are headed and they give you a capital, asset, or revenue ratio. It’s sad when the “people helping people” movement is defined first by numbers and ratios. They are thin on strategic plans and thick with every possible operational procedure you can imagine. They are compliant – meaning the only rules they follow are the ones spelled out in a rule or regulation or based on whatever the broader credit union herd is grazing on at the moment (yes, I just compared some credit unions to a herd of sheep). It’s not uncommon to find credit unions that celebrate immaculate exams, audits, and ridiculously low delinquency numbers – all the while, they have failed to keep up with technology, and growth and revenue is weak because they have failed to invest for tomorrow. Review the board minutes or management team minutes of these organizations and you’ll see mention after mention of thin operational issues and very little strategic content. Credit unions must excel both operationally and strategically to survive.RemediesCredit union leadership (board and management) determine the level of strategic thought and action that will occur. Leaders must have the discipline to invest time.  For some, it’s easy to drift from strategic to operational – especially if operational is their default comfort zone. Your team will follow your lead and respond to what you recognize and reward.Once you have your priorities straight, make sure you have the right people in place to handle all (or most) of the operational issues. Having the right people in place and delegating the right things will allow you to spend less time on operational issues and more time on strategic issues.  I realize this is challenging for smaller credit unions. However, I believe that even though smaller credit union leaders are forced to spend more time on operational things, it’s possible to carve out extra time for strategic thought and action. I work with a lot of best-practice smaller credit unions with very busy leaders who still make strategic action a priority – even though they are still reviewing loans and dealing with examiners.  Ask these credit union leaders where they’re headed and you’re sure to get a meaningful answer, and their credit union’s performance and culture reflect their strategic thinking.Management and boards can do a better job structuring board meeting agendas. Everything operational that can be moved to a consent agenda should be. Next, move strategic business to the top of the agenda to be sure you don’t run out of time.  I’d rather run out of time on the operational items at the end of the meeting. Each short-term and long-term strategy should have goals and milestones that management regularly reports on. Results on these strategies should be the focus of the board conversation – not budget line items that could easily be addressed offline, or waste-of-time conversations explaining why the number of delinquent loans increased from 25 to 27 during the month.Invest the time in developing the right strategies for your credit union. Spend less time focused on what the credit union down the street is doing and more time looking at the issues that are influencing your members, and the future members you want to attract. You want to anticipate and plan for what their needs will be five years from now, and make sure you are prepared to meet them.  Spend as much time considering external opportunities as you do external threats, less time complaining over regulatory uncertainty and more time addressing opportunities to differentiate and evolve.Why it mattersStrategic Planning for Dummies points out that “a strategic plan is a critical management tool that guides an organization to do a better job because a plan focuses the energy, resources, and time of everyone in the organization in the same direction.” Understanding that is easy; constantly doing it is the hard part.  You and your team’s ability to think and act strategically will determine the long-term viability and success of your organization. If you’re not sure where your organization is headed or you feel stuck in the thick of thin things, act now. Even if you have to start small, begin now to make strategic thinking and action a priority. Scott is the Principal of Your Credit Union Partner, PLLC.Your Credit Union Partner (YCUP) is a trusted advisor to the leaders of more than 100 credit unions located throughout … Web: www.yourcupartner.org Detailslast_img read more

Bank Indonesia ensures sufficient liquidity, sees signs of decline in capital outflows

first_imgBank Indonesia (BI) is ensuring the liquidity in the country’s financial system would be sufficient to meet the people’s needs in the coming months as massive capital outflows seen in the past several days have begun to decline.BI Governor Perry Warjiyo said in Jakarta on Thursday that there is at least Rp 450 trillion (US$27.77 billion) in cash stored in banks and ATMs in Indonesia, which would be sufficient for the next six months.“We have been working closely with banks in the last two weeks to boost their liquidity,” Perry told reporters on Thursday during an increased requirement for cash in the past several days to finance efforts to curb the spread of the COVID-19 coronavirus. “We want to assure the public that we have sufficient stocks of cash.” Topics : Perry also said the central bank saw signs of easing capital outflows, driven by the announcement of a $2 trillion fiscal stimulus by the United States and to-be-announced stimulus by the European Union.“The stimulus package has reduced pressure on a global scale and resulted in better sentiments for Indonesia’s financial markets,” Perry said, adding the central bank has since recorded a lessening capital outflow.The rupiah appreciated as much as 1.8 percent against the US dollar to Rp 16,205 on Thursday, according to Bloomberg. The Jakarta Composite Index (JCI), meanwhile, jumped the most since 1999 by as much as 11 percent on Thursday’s trading, the best performer in the region, despite other Asian indices recording declines during the day.The COVID-19 crisis is much different than Asia’s crisis in 1998 and the global financial crisis in 2008 as banks remain in a healthy condition despite weakening business activities and volatile financial markets, Perry said.center_img “We want to make sure that the situation is different than the crisis in 1998 and in 2008 as the banking industry remains healthy with low levels of non-performing loans and good financial market conditions,” he added.Because of the pandemic, the central bank also plans to implement shorter trading hours and a shorter settlement period for transactions starting next week.As of Tuesday, BI had injected liquidity of up to Rp 300 trillion into the financial markets and banks to help support the country’s crashing currency as foreign investors sold off Indonesian assets.The central bank recorded a Rp 125.2 trillion capital outflow from government bonds, the stock market and BI certificates so far this year. Foreign investors sold Rp 112 trillion worth of government bonds and Rp 9.2 trillion worth of Indonesian shares, with most of the sell-offs recorded this month.last_img read more

North Carolina senior attack Luke Goldstock poses deadly threat to No. 1 Syracuse

first_img Published on April 26, 2017 at 9:44 pm Contact Matthew: [email protected] | @MatthewGut21 In 2016, Syracuse’s season ended when Maryland’s Matt Rambo torched the Orange for six points. This year, nobody had picked apart the Syracuse defense the way Rambo did — until Luke Goldstock exploded for three goals and three assists two weeks ago. Goldstock, a versatile senior attack in his third year as a starter for North Carolina, led UNC to a near-upset of the top-ranked Orange on April 15.When North Carolina head coach Joe Breschi described his offense, he focuses on Goldstock. His size and strength, ability to use both hands and off-ball skills mixed with an evolving dodging game helps break down and baffle defenses.The 6-foot-3, 205-pounder has scored 11 goals and added seven assists in five career starts against Syracuse. Goldstock is a versatile playmaker — he can camp behind the cage, set up from outside and get out in transition, posing as one of the most potent threats Syracuse has seen in 2017. The No. 4 seed Tar Heels (6-7, 1-3 Atlantic Coast) need a win to get to .500 and enter the NCAA tournament discussion, and Goldstock could bring them a step closer to doing that. He will present a challenge to the No. 1 seed Orange in the ACC semifinal Friday at 6 p.m. in Durham, North Carolina.“He can see things develop before they happen,” Breschi said. “He’s at the center of our schemes.”Syracuse coaches and players say Goldstock’s greatest strength is his lacrosse IQ. He spaces the field such that he puts teammates in dodging spots and shooters in shooting lanes. SU head coach John Desko said he’s “very smart.” Goldstock easily backs out of space and shoots from distance, too.AdvertisementThis is placeholder textRegardless, he can score in a variety of ways. His three goals against SU two weeks ago, for example, were nothing alike. His first, also UNC’s first of the game, came on a man-up after back-to-back skip passes. Planted to the right of the goal, Goldstock caught a pass, made a quick move and scored.In the images below, Goldstock camps out to the right of Evan Molloy in goal. He’s left alone for a score two passes later. Courtesy ESPNTwo of Goldstock’s assists came from the behind the cage, where he looks for cutters to the crease on a regular basis. Syracuse’s best defender, Scott Firman, matched up on him early in the game. SU threw a variety of looks on him, including brief matchups with Tyson Bomberry, Cunningham and zone looks. It limited Goldstock’s dodging capabilities, but not those without the ball.“We’d slide and it’d be tough for us to get to the second guy,” Bomberry said. “He’d be wide open.”This season, the Tar Heels have pushed transition more than they have in recent years, SU senior midfielder Nick Mariano said. That’s benefited Goldstock, who can get up and down the field and beat midfielders to spots. When he catches the ball, he doesn’t veer away from contact.“He’s an excellent finisher,” Mariano said.Firman said UNC forced Syracuse to rotate to get favorable matchups. Goldstock’s offensive production didn’t come in the form of dodging. Rather, a lot of what he did came off rapid ball movement and inverts. SU changed its slide package in the second half against UNC, which helped turn a 9-1 Tar Heels run into a 7-1 Syracuse run.North Carolina has dropped four straight to Syracuse since the 2015 ACC tournament. Syracuse, riding a nine-game winning streak, has not lost since Feb. 25 and will look for its third consecutive ACC title. If there’s one guy who could help the Tar Heels shift the tides, it’s Goldstock. Comments Courtesy ESPN His second goal came on a one-on-one fake from behind the cage. He faked a pass right, using the cage to create separation between him and SU defender Marcus Cunningham. He darted left and beat SU goalie Evan Molloy for his second score of the day.“It’s very difficult because if you pay too much attention to him off ball, you leave a hole inside,” Desko said. “If you don’t slide to help out, somebody else can come in and swirl by the goaltender.”His third goal came in transition, off a feed from North Carolina close defender Austin Pifani. Running down the left side, Goldstock caught Pifani’s pass, ran straight to the goal and scored from outside of the crease. Cunningham gambled on the pass and paid the price.Below, Goldstock operates from behind the crease, tying up Cunningham and making a move to the goal. Facebook Twitter Google+last_img read more

Monday news: Duke wrestlers place 4th, WMS get rolling, Cards take control of SCBL, league standings

first_img00.1000 WL 52.714 Close Forgot password? Please put in your email: Send me my password! Close message Login This blog post All blog posts Subscribe to this blog post’s comments through… RSS Feed Subscribe via email Subscribe Subscribe to this blog’s comments through… RSS Feed Subscribe via email Subscribe Follow the discussion Comments Logging you in… Close Login to IntenseDebate Or create an account Username or Email: Password: Forgot login? Cancel Login Close WordPress.com Username or Email: Password: Lost your password? Cancel Login Dashboard | Edit profile | Logout Logged in as Admin Options Disable comments for this page Save Settings You are about to flag this comment as being inappropriate. Please explain why you are flagging this comment in the text box below and submit your report. The blog admin will be notified. Thank you for your input. There are no comments posted yet. Be the first one! Post a new comment Enter text right here! Comment as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Submit Comment Subscribe to None Replies All new comments Comments by IntenseDebate Enter text right here! Reply as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Cancel Submit Comment Subscribe to None Replies All new comments 00.000 League 34.429 00.000 1South Haven71.875 10.1000 00.000 61.857 Girls SCBL Standings 15.167 52.714 00.1000 South Haven boys:It is apparent South Haven boys have become heavy favorites to win the SCBL. The Cardinals dominated Central Burden 52-28. Central came into the game undefeated. Austin Showman returned as a starter for the first time this season this weekend.He had 18 points in his senior debut.South Haven played a non-league contest with Garber, Okla. The Cardinals won again to improve 7-1 with a 55-48 victory. Showman scored 25 points while Andrew Lowe had 13. The box score can be found here.SCBL standings for Monday, Jan. 7: Udall 10.1000 15.167 10.1000 10.1000 Over-all 00.1000 Mens SCBL Standings 01.000 01.000 5West Elk 16.143 7Flinthills 43.571 7South Haven35.375 15.167 70.1000 4Flinthills Elk Valley 01.000 2Argonia 6CVDX 11Centralcenter_img by Tracy McCue, Sumner Newscow — Wellington High School wrestlers finish placed fifth in the Wichita North dual tournament on Saturday, Wellington Middle School basketball teams start a very busy week, South Haven boys win again, and the South-Central Border League standings are released to kick off a very busy week….Wellington High School wrestling: The Wellington varsity wrestlers went 2-2 for the day at the Wichita North Invitational Saturday. The Dukes beat Wichita North 45-29, lost to Wichita Northwest 56-11, lost to Campus 42-30 and beat Wichita West 43-29.Jason Haydon at 160 pounds continues to roll. He went 4-0 on the day and is now 18-1 for the season. He along with Andrew Horn at 126 and Taylon Lamkin at 195 went undefeated in the tournament.Justin Bruns at 152 also had an outstanding tournament. Bruns went 3-1 barely losing to the No. 1 wrestler in Class 6A Saul Ortiz of Wichita Northwest at 152. Andrew Pelkey at 145 and Mitch Lowe at 220 also finished 3-1.Wellington will travel to Mulvane on Thursday for a triangular with Buhler. 33.500 00.000 00.1000 WL 16.143 34.429 9Argonia 8Oxford 51.833 3Oxford 11Sedan 34.429 33.500 3Sedan Wellington Middle School basketball: The WMS basketball teams return to action from Christmas break with the first of three games this week.Wellington teams battle El Dorado on Monday, Prairie Hills on Tuesday and Clearwater on Thursday.In tonight’s action, vs El Dorado is scheduled as follows:Girls – home, 8B 4 p.m, 7A 5:15 p.m., 8A 6:30 p.m. Boys – home, 7A/8B 5 p.m, 7B/8A 6:30 p.m. 01.000 24.333 WL 00.000 Caldwell Over-all 10Elk Valley 2Central 00.1000 League 25.286 15.167 9West Elk 00.000 01.000 00.000 Caldwell 34.429 10.1000 5Udall 1CVDX WLlast_img read more