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Topics - AbdurRahim

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1
Law / NBR to crack down on tax evaders, money launderers, smugglers
« on: March 02, 2016, 09:25:34 AM »
NBR Chairman Nojibur Rahman has ordered the board’s Central Intelligence Cell (CIC) to conduct drives throughout Bangladesh to prevent tax evasion.

The board in a media statement said Rahman gave the order in the monthly meeting held on Tuesday to review revenue collection in line with the work plan.
 
The NBR chief told the officials to take firm steps against tax evaders, money launderers and smugglers.
 
He asked the officials to coordinate with other organisations, intelligence and law-enforcing agencies.
 
Field-level officers were present at the meeting attended by the high-ups.
 
The NBR has been missing the target despite steps to boost revenues.
 
It collected Tk 791.65 billion in the first seven months (July-January) of the current 2015-16 fiscal year.
 
The target was Tk 911.68 billion.
 
But, the revenue collection grew 13 percent more than the collection in the same period in 2014-15 fiscal year





Source:

 bdnews24.com

2
Law / Arbitration
« on: November 15, 2015, 09:21:46 AM »
Settlement of a dispute (whether of fact, law, or procedure) between parties to a contract by a neutral third party (the arbitrator) without resorting to court action. Arbitration is usually voluntary but sometimes it is required by law. If both sides agree to be bound by the arbitrator's decision (the 'award') it becomes a binding arbitration.

3
Law / Recession
« on: November 13, 2015, 09:56:28 AM »
Period of general economic decline, defined usually as a contraction in the GDP for six months (two consecutive quarters) or longer. Marked by high unemployment, stagnant wages, and fall in retail sales, a recession generally does not last longer than one year and is much milder than a depression. Although recessions are considered a normal part of a capitalist economy, there is no unanimity of economists on its causes.



4
Law / Adaptation in Business
« on: November 13, 2015, 09:46:18 AM »

adaptation
   
1. Edited or revised version of a work aimed at serving a specific need.
2. Modification of a concept or object to make it applicable in situations different from originally anticipated.

5
Law / Nepotism
« on: November 07, 2015, 11:22:22 AM »
Practice of appointing relatives and friends in one's organization to positions for which outsiders might be better qualified. Despite its negative connotations, nepotism (if applied sensibly) is an important and positive practice in the startup and formative years of a firm where complete trust and willingness to work hard (for little or no immediate reward) are critical for its survival.

6


মঙ্গলবার চট্টগ্রাম নারী ও শিশু নির্যাতন ট্রাইব্যুনাল-১ এর বিচারক মো. রেজাউল করিম এ আদেশ দেন।

পাশাপাশি ধর্ষণের দায়ে দোষী প্রমাণিত হওয়ায় আসামি মো. জসিমকে (৩৬) যাবজ্জীবন সশ্রম কারাদণ্ডসহ ৫০ হাজার টাকা জরিমানার আদেশ দিয়েছে আদালত।

দন্ডিত জসিম চট্টগ্রামের বোয়ালখালী উপজেলার পোপাদিয়া গ্রামের আবদুল হামিদের ছেলে।

ট্রাইব্যুনালের রাষ্ট্রপক্ষের আইনজীবী জেসমিন আক্তার বিডিনিউজ টোয়েন্টিফোর ডটকমকে বলেন, বিয়ের প্রলোভন দেখিয়ে আপন চাচাতো বোনকে ধর্ষণ করে আসামি জসিম।

“পরে সে বিয়ে করতে অস্বীকৃতি জানায় এবং পালিয়ে যায়। এ ঘটনার শিকার নারী পরে একটি পুত্র সন্তানের জন্ম দেন।”

পিপি জেসমিন আক্তার বলেন, আদালত জসিমকে দোষী সাব্যস্ত করে তাকে যাবজ্জীবন সশ্রম কারাদণ্ডের আদেশ দিয়েছে। পাশাপাশি শিশুটি সাবালক হওয়া পর্যন্ত তার ভরণপোষণের দায়িত্ব নিতে রাষ্ট্রকে নির্দেশনা দিয়েছে।

২০০৮ সালের ২৭ এপ্রিল আপন চাচাতো বোনকে ধর্ষণ করে জসিম। ধর্ষিত নারী বাদি হয়ে ২০০৮ সালের ৩০ এপ্রিল আদালতে মামলা করেন।

তদন্ত শেষে ২০১০ সালের ৩১ জানুয়ারি জসিমের বিরুদ্ধে অভিযোগ গঠন করে আদালত।

এ মামলায় চারজনের সাক্ষ্যগ্রহণ শেষে মঙ্গলবার আদালত রায় দেয়।

আসামি জসিম ঘটনার পর থেকেই পলাতক বলে জানান জেসমিন আক্তার।

See at: http://bangla.bdnews24.com/ctg/article1049915.bdnews



7
Law / What is capitalism?
« on: November 03, 2015, 09:41:21 AM »
Economic System based (to a varying degree) on private ownership of the factors of production (capital, land, and labor) employed in generation of profits. It is the oldest and most common of all economic systems and, in general, is synonymous with free market system.The "invisible hand" of capitalism suggests that selfishness in business can lead to great things for the public at large, but it is a theory meeting increasing criticism in this age of wall street bailouts and lackluster wages.


8
Law / take care of food having!
« on: October 30, 2015, 01:42:47 PM »
They were admitted to the Sylhet MAG Osmani Medical College Hospital on late Thursday night.

It is yet not clear whether anyone had tampered with the food.

SOMCH medicine department’s Registrar Bidhur Kanti Shaha said the victims had told them that they fell sick after having dinner.

“They had signs of poisoning but, without tests, we can’t be certain if the food was adulterated,” he said.

Most of the victims are members of a 70-year-old Jamir Uddin’s family of the Baluchar area.

His nephew Mahmudul Hasan said several others from a neighbouring family had joined them at a family function on Thursday night.

Apart from Jamir, his sister Surai Bibi, 60, son Kamal Hossain, 26, daughter-in-law Josna Begum, 30, grandson Abdul Majid, 14, and granddaughter Sumaiya Begum, 11, had fallen ill as well.

The other five could not be identified.

Dr Shaha said two of the injured were in a critical state.

Hasan said the kitchen’s window was open.

“Someone may have mixed something poisonous with the food with the intention to rob the house,” he added.

Reference: http://bdnews24.com/bangladesh/2015/10/30/eleven-members-of-two-families-hospitalised-in-sylhet



Md. Abdur Rahim
Lecturer in law

9
Law / Effcet of the Death Penalty
« on: October 25, 2015, 09:00:43 AM »
Lack of proper guardian of the death penalty convicted family
Guidance in the family is the fundamental key for administration the family slickly. From the very practical happenings, we all know that if there is lacuna of proper and right guidance over the family members in a family that family members have to facade a pile of problems from various standpoints. The children have to feel the gap of guardian. They may be diverted the right way into the horrific way. In the same way if the convicted one is the guardian one of a family what may be condition of that family. From the human rights perspective, the convicted family members are deprived of the right to a standard of living adequate for the health and well-being of family, including food, clothing, housing and medical care and necessary social services.  Motherhood and childhood are entitled to special care and assistance.  These rights are not to be provided to the convicted family from the state if there is no guardian who will give such mentioned rights. The victim family is generally sympathized by the state and by the others but that is not really happen in case of the death penalty convicted family members rather they would to survive until the last breath with a “state stigma” named “killer family.  In a discussion it is said that most capital crimes are committed during moments of great emotional stress or under the influence of drugs or alcohol, when logical thinking has been suspended. Many capital crimes are committed by the badly emotionally-damaged or mentally ill. But when a person is vindicated by death penalty when he is very normal what will be mental condition of the family members.

10
Law / High Court's order
« on: October 21, 2015, 08:13:18 AM »
High Court asks police to explain lack of action against ex-MP’s nephew for rash driving
State counsel Deputy Attorney General Amatul Karim said the bench also asked on Tuesday why departmental action should not be taken against the Gulshan Police Station OC for failing to discharge his duty in connection with the Oct 12 incident. The home secretary, inspector general of police, Dhaka Metropolitan Police commissioner, additional police commissioners (traffic and investigation of Ramna division) and Gulshan police OC have been ordered to reply within two weeks.
Iqbal’s 16-year-old nephew, driving without a licence, hit two rickshaws in Gulshan. Eighteen is the minimum age for obtaining a driving licence in Bangladesh. A Gulshan police officer told bdnews24.com, on condition of anonymity, that the youth was drunk but OC Sirajul Islam had suppressed the information. Three of the injured were discharged from hospital shortly after admission but Grameen Bank official Rafiqul Islam, 40, is still undergoing treatment at the United Hospital.
Doctors say Islam would be released shortly. Police initially took the former MP’s nephew into custody but soon let him off. No case has been filed yet. DMP’s Gulshan division Deputy Commissioner Mostak Hossain Khan told bdnews24.com they were in touch with Islam but he had not lodged any complaint. The plaintiffs’ lawyer Anik Ara Haq said a case had to be filed within 21 days of an incident.
“We still have 14 days left… the court has ordered police to take legal action within this time,” Haq said when asked if the bench had ordered the initiation of a case. Haq added the court would be informed if police did not start legal proceedings within the given time. Deputy Commissioner Khan said they were yet to receive court’s directive. “We’ll do whatever the court asks us to,” he added. It is rumoured that the former MP’s nephew had fled the country a day after the incident. “We’ll bring him back in accordance with legal provisions if the rumour is true,” the police officer said.
Md Abdur Rahim
Lecturer in Law
Department of Law
ID: 710000758
Source: http://bdnews24.com/socialmedia/2015/10/21/cricketer-litton-das-faces-religious-hatred-after-posting-durga-puja-wishes-on-facebook


11
Law / Religion difference
« on: October 21, 2015, 08:09:02 AM »
Bangladesh national cricketer Litton Kumer Das has faced religious hatred after posting a photo of goddess Durga on the occasion of Puja on a social networking site.
He posted the photo wishing happiness to all and seeking everyone’s blessing on his Facebook wall on Monday. The first attack was launched from an ID ‘Md Metun’, who used abusive language to reprimand Das for his religious belief. Another person using the ID ‘Ekjon asohai musafir’ asked him to remove the photo citing that Islam does not allow idolatry and Bangladesh is inhabited mostly by Muslims. The wicketkeeper batsman in a status posted Tuesday said these comments were ‘painful’. “My biggest identity is that I am a Bangladeshi, religion cannot divide us here,” he wrote. Das removed the posts on Tuesday night, though the fans stood beside him.
Saidur Ahmed commented: “No Muslim is expected to do excess over religion. Because it is forbidden in Islam. Those who are doing this are nothing but insane people.”
Goura Mandal wrote, “Some people existed in the past, they live now and will be there in the future to make bad comments. Please do not feel sad or lose focus because of their comments.”
Some others advised him to sue those for the atrocious remarks.


Md Abdur Rahim
Lecturer in Law
Department of Law
ID: 710000758

Source: http://bdnews24.com/socialmedia/2015/10/21/cricketer-litton-das-faces-religious-hatred-after-posting-durga-puja-wishes-on-facebook


12
Law / Gramenphone
« on: October 20, 2015, 08:39:41 AM »
Grameenphone has moved a Dhaka court seeking billions in damages from Jamuna TV and vernacular Daily Jugantor for reports with ‘false’ information.
Hearing the cases on Monday, Dhaka’s First Joint District Judge Shahadat Hossain’s court issued ‘ad interim injunction’ on publishing news ‘against the operator’ by the television station and the newspaper, GP’s lawyer Tanjim Al Islam told bdnews24.com.
The term ‘ad interim’ means ‘for an intervening time or temporarily’.
The cases accuse the Jamuna TV and Jugantor of running ‘fabricated’ reports against Bangladesh’s largest mobile-phone operator from Sep 16, the lawyer told bdnews24.com.
Referring to the cases, he said the defendants used video footages without naming any source, including in a report on workers unrest.
“They used sweeping and one-sided information in reports against the plaintiff which is against the practice of journalism,” he added. 
Jamuna Group owns the Jamuna TV and Jugantor. The company’s Chairman Nurul Islam Babul’s wife and son were also made defendants in the cases. 
Babul’s son Jamuna TV Managing Director Shamim Islam, Chief News Editor Fahim Ahmed, reporters Seema Bhowmik and Masuduzzaman Robin have been named defendants in one case.
The other case names Babul’s wife Jugantor Publisher Salma Islam, MP, acting Editor Saiful Alam, Director SM Abdul Wadud, reporters Mujib Masud, Monir Hossain and Jamuna Printing Press as defendants.
GP’s counsel Tanjim said the court accepted their plea for the ‘ad interim injunction’ on publishing news ‘against Grameenphone’.   
It also asked the defendants to explain within seven days why a permanent injunction against them will not be issued.
Available at http://bdnews24.com/bangladesh/2015/10/19/grameenpho
ne-sues-jamuna-tv-daily-jugantor-for-libel


13
Law / Natural Justice
« on: October 15, 2015, 12:02:27 PM »
Natural justice is an important concept in the administrative Law. it is not possible to define precisely and scientifically the expression natural justice. Nor fixed nor prescribed in any Code. The principle of natural justice are better known than described and easier proclaimed than the planed. Natural justice is a concept of common law, in America it is called due process of law

14
Law / Administrative Law
« on: October 13, 2015, 07:47:57 PM »
Distinction between constitutional law and administrative law:-

Constitutional law and administrative law both are concerned with function of government, both are a part of public law in the modern state and the source of the both are the same. Yet there is a distinction between the two:-
The administrative law is last an adjunct of the constitutional law. To the early English writer on administrative law there was no different between constitutional law and administrative law therefore Keint observed.
It is logically impossible to distinguish administrative form constitutional law and all attempts to do so are artificial

Actually, the distinction between the two is one of decree, convenience and custom rather than that of logic and principle. However according to the Holland.

Constitutional law described the various of the government at vest while administrative law them in motion (jurisprudence 10th edn p.506.

Therefore according o this view. The structure of the legislature and the executive comes within the preview of the constitutional law but there functioning comes within the sphere of administrative law but Maitland does not agree with this classification because in that case powers and prerogatives of the crown would be relegated to the arena of the administrative law. According to the Jennings. Ad Law deals with the organization function power and duties of administrative authorities. While constitutional law deals with the general principle relating to the organization and power of the various organ of the state and their mutual relationship of this organs with the individuals.in other words, constitutional law deals with the fundamental while administrative law deals with the details.
 
It may also be pointed out that constitutional law deals with the right and administrative law lays emphasis on public need. However, the dividing line between the constitutional law and administrative law is a matter of convenience become every student of administrative law has to study some constitutional law.

 In countries which have written constitutions the difference between constitutional law and administrative is not so blurred as in England .in such countries the source of constitutional law is the constitution .while the source of administrative law may be statutes,statutory instrument,precedent and custom.

Whatever may be the argument and counter argument, the fact today that administrative law is recognized as a separate,independent branch of legal discipline though at time the discipline  of constitutional law and administrative law may overlap.
The correct position seems to be that if one draws two circles of administrative law and a constitutional law, certain place they may be overlap and this area maybe termed as the watershed in administrative law.


Md. Abdur RAhim
Lecturer in Law
Daffodil International University

15
Law / criminology
« on: July 29, 2015, 11:54:28 AM »
Criminology
Criminology: elementary concepts
Origin of Criminology
   Raffaele Garofalo, the Italian law professor, was the first to coin the term “Criminology” in 1885.
   In Italian it is called criminologia.
   In 1887 Paul Topinard, French anthropologist, used it in French.
Criminology and Two Schools
   Criminology has been of scientific interest for only two centuries.
Two schools of thought, classical and positive approaches, contribute to the development of modern criminology.
Classical School
   Emerging in the eighteenth century classical school focuses on crime.
Positive School
   Positive school has its origin in the nineteenth and early twentieth century and focuses on criminal.
Definition of Criminology
   According to the New Encyclopedia Britannica:
   Criminology is the scientific study of the non-legal aspects of crime. In its wider sense, embracing penology, it is the study of the causation, correction, and prevention of crime…
   This definition indicates that there are legal and non-legal aspects of crime.   
   According to Edwin H. Sutherland:
   Criminology is the body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws, and of reacting toward the breaking of laws… The objective of criminology is the development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime, and treatment and prevention.
Ambit of Criminology
   Broadly Criminology deals with:
   1. Etiology (causation) of crime;
   2. Prevention & control of crime; and
   3. Punishment & correction of criminals.
   In addition to this, Criminology deals with:
   Theories and forms of punishment;
   White-collar crime, corporate crime, and cyber crime; and Juvenile Justice System.;
    Criminology studies different components of the criminal justice system, namely, they are:
   1. Police; 2. Public Prosecutors;
   3. Criminal Courts; and 4. Prison/Correctional Institutions
   Now student/researcher of Criminology can study
   1. War crimes; 2.Genocide; 3. Crime against humanity; and 4. Crime against peace.
Crime and Deviation
   Crime is an act which violates criminal law in case of an organized state, or norms of a society in case of a tribal community or societies which do not have formal law and state.
   Deviation is a broader term and indicates aberration from the social norms, but crime is violation of criminal law.
Concept of Crime
   Homicide and theft are said to be categorized as crime by almost all the societies, but surprisingly this is not the case.
   Roman Law of Twelve Tables, Babylonian Code of Hammurabi and other early legal systems did not list homicide or ordinary theft among crimes.
   The criminals could be exonerated by giving compensation or by surrendering to the injured clan as a substitute worker for the victim clan. 
   For society that had not developed the concept of property, theft was not a problem.
   Socioeconomic condition of a society therefore determines which acts are crime and need to be controlled by law or by other mechanism of social control.
   In the Inca society of Peru, the destruction of a bridge was the most serious crime as it was a country, which was crisscrossed by ravines and canyons and bridges were the only ways of communication.
   A person without a horse or blanket was in danger of death among the North American Plain Indians, so theft of a horse or of a blanket was the most heinous crime in that society.
   In the ancient Germanic tribes honey was the only source of sugar for food and drink. As beehives produced the honey, if anybody stole a beehive he was punished seriously.
Legal Definition of crime
   Legal definition of crime is convenient in distinguishing crime from sin and moral wrongs and it gives a basic premise for characterizing criminology as scientific and precise.
   Paul W. Tappan has defined crime as “an intentional act or omission in violation of criminal law committed without defense or justification and sanctioned by the state as felony or misdemeanor.”
Sociological Definition of crime
   Sociologist does not consider legal definition sufficient and suitable for the purpose of criminology.
   According to Raffaele Garofalo: Crime is an immoral and harmful act which offends two altruistic sentiments of common people, namely the sentiments of pity and probity.
   Sociological definition implies that in a society most of the people follow some values, which they consider very sacred and which are necessary to maintain social solidarity.
   There are few people who have no regard for these values and often overstep the socially erected values.
   Society then provides punishment for the violators (criminals).

Legal and Sociological Definition
Legal Definition                
   Crime is an intentional act or omission in violation of criminal law committed without defense or justification and sanctioned by the state as crime.
Sociological Definition
   Crime is the violation of social norms and values which is harmful to the society collectively and also creates harm and inconveniences for individual citizens.
Characteristics of Crime
   There are some principles which are used in determining whether any particular human behavior is crime or not.
   First, an act must have some harmful consequences in order to become crime. Mere intention or mental condition is not enough.
   Secondly, the harmful act must be prohibited by the criminal law of the state.
   Thirdly, an intentional or reckless action or inaction must bring about the harmful consequence.
   Fourthly, for criminal responsibility a person must have committed any prohibited act with mens rea or criminal intention.
   One has to understand the distinction between intention and motive. It is possible that intention of any act is criminal but motive is good.
   Fifthly, the mens rea and conduct must concur.
   Sixthly, legally forbidden harm and intentional misconduct must have causal relation.
   Seventhly, criminal law must prescribe some punishments for the forbidden act.
Classification of Crime
   On the basis of inherent character and general agreement of people, crimes are classified into:
   mala in se: and
   Mala prohibita.
Mala in se crimes
   Theft, robbery, murder, rape, arson, assault etc. are mala in se crimes
   As these are innately bad and create harmful consequences on society.
   There is general agreement that these acts are criminal.
Mala Prohibita Crime
   Mala prohibita crimes are those about which people are not in consensus that they are inherently bad, rather they are considered evil because they are prohibited by law.
   Traffic violations, gambling, public drunkenness, violations of municipal laws are examples of mala prohibita crimes.
   These violations are made criminal in order to make life more predictable and orderly and the violators are subjected to little stigma other than fine.
Crime Classification: Felony & Misdemeanor
   Again crimes are classified in accordance with their gravity:
   (1) the more serious are called felonies and are usually punished by death, forfeiture of property or rigorous imprisonment; and
   (2) The less serious are called misdemeanors and are usually punished by fines or simple imprisonment.
   A person commits a felony is called a felon and who commits misdemeanor is called misdemeanant.
   It is very difficult to assume that felons are more dangerous and respond less positively to rehabilitative measures than misdemeanants.
   Sometimes a person can commit felony this week and commits a misdemeanor in second week.
Arrestable and Non-Arrestable Offences
   Section 2 of the Criminal Act, 1967 introduced: 
   arrest able; and
   Non-arrestable offences in U.K. in the place of old categories.
   A police officer or a member of a public can arrest an offender without warrant who has committed an arrest able offence. Most of the arrest able offences are indictable offences.
Indictable and Summary Offences
   On the basis of trial procedure criminal offences are again classified into indictable and summary offences.
   More serious offences are tried on indictment in the crown court (they are called indictable offences) and less serious offences are tried summarily in magistrates’ courts (they are called summary offences).
   The offence is called indictable because the trial is commenced by a document known as bill of indictment which sets out the offence and its particulars with which the accused is charged.
Classification on the basis of motive
   On the basis of the motives of the offenders, W.A. Bonger classified crimes as:
   economic crimes;
   sexual crimes;
   political crimes; and
   Miscellaneous crimes.
Crimes against person and property
In spite of all other classifications one classification is very important and pervasive, which classifies crimes as:
   Crime against person; and
   Crime against property.
Every individual considers his/her body and property are the most important. So, they want their body and property will be secured and protected from all types of attacks by others and interference from outside.
Morality and Crime
   Morality is wider than crime.
   We get moral or value education from religion, family, educational institutions, our surroundings and as a whole from society.
   Morality tells us which should be done and which should not be done.
   When some morally reprehensible activities are prohibited by the criminal law, those are classified as crime.
Relationship between criminal law and morality
   The relationship between criminal law and morality is important as some argue that criminal law should regulate morality of individuals, in addition to its function to regulate their criminal behaviour.
   Determination of morality of any conduct is difficult.
   The question is–
   who is to determine the morality or immorality of any conduct?
   Should legislators decide the issue? Or
   Should it be determined with the help of judgment of the hypothetical average person of a society?
Private and Public Morality
   Should morality be divided into
   private and public and
   Private morality should be kept beyond the ambit of law as suggested by Wolfendon Committee in England?
Morality
   Respect the elders
   2. Don’t tell a lie
   3. Honesty is the best policy
   4. Always speak the truth
   5. Don’t steal the property of others
   6. Don’t harm anybody
   7. Give food to the hungry people
   8. Help the poor
   9. Don’t kill any person
   10. Don’t hurt any person
   11. Don’t harm the nature
Transformation of public morality into criminal law
Public Morality
•   1. Don’t steal property of others
•   2. Don’t commit robbery
•   4. Don’t kill others
•   3. Don’t harm others
Criminal Law
•   . Theft, Dacoity
•   2. Murder
•   3. Other crimes
Victimless Crime
   Victimless crimes involve a serious question of morality.
   Illegal use of drugs, adult consensual sexual behaviour, gambling and prostitution are examples of victimless crimes.
   Why they should be considered as criminal when they are harming themselves?
   In the absence of any harm to others and of any complain, why they should sustain stigma?
   If the criminal law cannot deter the prohibited activities, what is the worth of making the law?
Criterion to declare any conduct as crime
   Before declaring any conduct criminal, two questions must be answered properly.
   First, whether the conduct is independently harmful of its repercussion on the general moral code?
   Second, whether the whole moral fabric of the society will be broken down if the harmful act is not declared criminal?
Crime and Sin
   Sin is violation of moral code or religious sanctions.
   Crime is an act or omission which is done in violation of criminal law of any country.
Crime
   1. Crime is a legally prohibited conduct.
   2. Crime is committed in violation of positive law of the state.
Sin
   1. Concept of sin has originated from religious texts.
   2. Sin results in violation of the command of God.
Criminal
   Criminal is
   subject to
   punishments
   like death penalty, imprisonment,
   Fine etc.
Sinner
   . A sinner has to undergo penance for deliverance and also punished or
   forgiven by God







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