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Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

.... the appellant. Shah Abdul Hatem, Assistant Attorney General-For the state-respondent. Criminal Appeal No. 5815 of 2008. Judgment Md. Ruhul Quddus J.- This appeal, under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of a complainant, is directed against order d....... Shah Abdul Hatem, Assistant Attorney General-For the state-respondent. Criminal Appeal No. 5815 of 2008. Judgment Md. Ruhul Quddus J.- This appeal, under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of a complainant, is directed against order dated 7.7.2008 ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......s J.- This appeal, under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the ca..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....06.04.06. After receiving immoral proposal on 09.04.06 she raised hue and cry and the PW3 and other teacher’s came to the office of the Headmaster and came to know the occurrence. Section 10 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and 2003 as well reads as under:- “যৌন পীড়à¦...... Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 passed by the Nari-OShishu Nirjatan Daman Tribunal, Dinajpur in Nari-O-Shishu Case No.276 of 2006 finding the accused appellant......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......hman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 passed by the Nari-OShishu Nirjatan Daman Tribunal, Dinajpur in Nari-O-Shishu Case No.276 of 2006 finding the accused appellant guilty punisha..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......shu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nari-0-Shishu Nirjaton Damon Case No.447 of 2000 should not be quashed and/or such other or further order or orders passed ......n 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 30.3.2005 passed by the learned Judge, Nari-0-Shishu Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirja..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....-General - For the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was pre­ferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria in Nari-o-Shishu Case No.309 of 2010 arising out...... the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was pre­ferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria in Nari-o-Shishu Case No.309 of 2010 arising out of GR No.274 ......ed offences punish­able with death unless reasonable grounds exist to disclose their complicity." 14. In view of the above decisions we hold that the learned Judge of the Nari-o-Shishu Nirjatan Damon Tribunal by passing the impugned judgment has crossed her judicial discretion and she must rem...... Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was pre­ferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria in Nari-o-Shishu Case No.309 of 2010 arising out of GR No.274 of 2010 corresp..

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....d charge sheet on 11.7.1995 against the appellants and three others and proposed release of another as no prima-facie case was found against him. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Barisal and was registered as Nari-o-Shishu Nirjatan Da...... on 11.7.1995 against the appellants and three others and proposed release of another as no prima-facie case was found against him. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Barisal and was registered as Nari-o-Shishu Nirjatan Damon Bishesh Ca......1995 against the appellants and three others and proposed release of another as no prima-facie case was found against him. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Barisal and was registered as Nari-o-Shishu Nirjatan Damon Bishesh Case No.3 o......ppeal No.914 of 1996. Judgment Md. Ruhul Quddus J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 30.6.1996 passed by the Special Tribunal No.6, Barisal in Special Tribunal Case No.89 of 1995 convicting appellant No.1 under sectio..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chuadanga in Nari-O-Shishu Case No.176 of 2002 convicting the petition...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......nt AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chuadanga in Nari-O-Shishu Case No.176 of 2002 convicting the petitioner under sectio..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Niarjatan Daman Ain, 2000 against the order dated 25.11.2010 passed by the Nari-O- Shishu Nirjatan Daman Tribunal, Narail in Nari-O-Shishu Case No.97 of 2010 arising out of G.R. Case No.127 ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Niarjatan Daman Ain, 2000 against the order dated 25.11.2010 passed by the Nari-O- Shishu Nirjatan Daman Tribunal, Narail in Nari-O-Shishu Case No.97 of 2010 arising out of G.R. Case No.127 of 2010 corresp..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

.... Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting...... M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under sec......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460....... Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of..

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......e Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 24.7.2008 passed by the learned Metropolitan Special Tribunal No.7 and Juvenile Court, Dhaka in Metropolitan Special Tribunal Case No.974 of 2004 arising..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)

....ous Order No.7369 of 2011. Judgment Syed Md Ziaul Karim J.- By this applica­tion, under section 561A of the Code of Crimi­nal Procedure the petitioners seek quashing of the proceedings of Nari-o-Shishu Nirjatan Daman Case No.87 of 2009 arising out of Kafrul Police Station Case No.15(8) o......369 of 2011. Judgment Syed Md Ziaul Karim J.- By this applica­tion, under section 561A of the Code of Crimi­nal Procedure the petitioners seek quashing of the proceedings of Nari-o-Shishu Nirjatan Daman Case No.87 of 2009 arising out of Kafrul Police Station Case No.15(8) of 2008 corresp......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......Case No.15(8) of 2008 corresponding to GR No.375 of 2008 under sections 7, 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Ain, 2000) pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Dhaka. 2. Facts, in brief are that on 7-8-2008 at 10-45 am the petitioners kidna..

Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90

Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)

....case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......ir Ahmed, Assistant Attorney General-For the Respondent. Criminal Appeal No. 4856 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the impugned order dated 5.7.2010 passed by the learned Nari-O-Shis......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the impugned order dated 5.7.2010 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chittagong in Nari-O-Shishu Case No.156 of 2008 arising out of G.R. Case No.274 of 20..

Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......the victim girl in Nari-O-Shishu Case No. 106 of 2010 arising out of Panchbibi P.S. Case No.12 dated 19.3.2010 corresponding to G.R. Case No.53 of 2010 (Panch) under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (as amended 2003) 3. Prosecution case in short is that on 19.03.10 one ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......isen out of the same judgment and order heard together and disposed of by a single judgment. 2. In both these appeals by the impugned order dated 5.7.2010 the learned Nari-O-Shishu Nirjtatan Daman Tribunal, Joypurhat rejected the 2 applications, one filed by the victim herself and another filed b..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......d. Moniruzzaman, Assistant Attorney General with Kazi Md. Mahmudul Karim, Assistant Attorney General - For the opposite party. Criminal Appeal No. 6672 of 2010 (Arising out of the Nari-O-Shishu Nirjatan Case No. 471 of 2010 pending before the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal.) ......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......stant Attorney General - For the opposite party. Criminal Appeal No. 6672 of 2010 (Arising out of the Nari-O-Shishu Nirjatan Case No. 471 of 2010 pending before the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal.) Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant seeks bai..

Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178

Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)

....Criminal Appeal Order No. 8153 of 2011. Judgment Syed Md. Ziaul Karim J. - By this appeal under section 28 of the Act, 2000 the appellant seeks to set aside the order dated 13-10-2010 passed in Nari-o-Shishu case No. 86 of 2007, keeping the application for issuing summons to the charge sheeted...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......d offence prescribed under section 10 of the Ain, 2000. 3. The police after investigation submit­ted charge sheet accusing the appellant under the said section. The case is now pending before the Tribunal for trial and meanwhile eleven prosecution witnesses were examined. On 13-10-2010, the appe..

Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......letter dated 14.11.2010, annexure – 2 to the Affidavit in Compliance, he submits that the Ministry of Women and Children Affairs has already proposed an effective amendment to the Nari-O-Shishu Nirjatan Daman Ain 2000 by way of incorporating a new provision “Section 10(Ka)” after s......ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......Appeal No.1060 of 2005. With Jail Appeal No.1061 of 2005. With Jail Appeal No.1062 of 2005. With Jail Appeal No.1063 of 2005. (Against the death sentence passed by Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan case 12 of 2003, referred to the High Cou......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......of 2005. With Jail Appeal No.1061 of 2005. With Jail Appeal No.1062 of 2005. With Jail Appeal No.1063 of 2005. (Against the death sentence passed by Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan case 12 of 2003, referred to the High Court Division for..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....nt Servants Conduct Rules, 1979 and Government Servants (Discipline and Appeal) Rules, 1985 and those who do not fall within those two laws may be prosecuted under the Children Act, 1974, Penal Code, Nari-o-Shishu Nirjatan Daman Ain, 2000. However, we fail to see how any incident of corporal punishm......nduct Rules, 1979 and Government Servants (Discipline and Appeal) Rules, 1985 and those who do not fall within those two laws may be prosecuted under the Children Act, 1974, Penal Code, Nari-o-Shishu Nirjatan Daman Ain, 2000. However, we fail to see how any incident of corporal punishment inflicted ...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

....05 with Jail Appeal No. 970 of 2005. Judgment Syed Refaat Ahmed J. - The condemned-prisoner Alam, Son of late Kiran @ Keramat Ali has been convicted under section 11 (ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 ("the Act") attracting a sentence of death as pronounced and ...... Jail Appeal No. 970 of 2005. Judgment Syed Refaat Ahmed J. - The condemned-prisoner Alam, Son of late Kiran @ Keramat Ali has been convicted under section 11 (ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 ("the Act") attracting a sentence of death as pronounced and handed down by...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......rjatan Daman Act, 2000 ("the Act") attracting a sentence of death as pronounced and handed down by the learned District Judge (In Charge) exercising juris­diction as the Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia ("Tribunal") in Nari-o-Shishu Case No.51 of 2003. This has necessarily attracted t..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)

....are presently held in custody in the Gopalgonj District Jail. We also find that one Sathi aged 14 is being held in connection with Fatullah P.S. Case No.11(9)10 under section (Ga)(sic) 6(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2003, now pending in the Court of Senior Judicial Magistrate, Nara......held in custody in the Gopalgonj District Jail. We also find that one Sathi aged 14 is being held in connection with Fatullah P.S. Case No.11(9)10 under section (Ga)(sic) 6(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2003, now pending in the Court of Senior Judicial Magistrate, Narayangonj and an...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......ce as prescribed by section 2(j) of the Children Act. The names of these children are as follows: 1. Md. Habibur Rahamn aged 13 years held in Mymensingh Central Jail in connection with Special Tribunal Case No.106/2008, Iswargonj P.S. Case No.19(5)08, G.R.No.113/08 under section 489(Ka)/489(K..

Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....arder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1605 of 2008. Judgment Mr. Hasan J.- This appeal under section 28 of Nari-o-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the Convict-Appellant namely Mr. ......Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1605 of 2008. Judgment Mr. Hasan J.- This appeal under section 28 of Nari-o-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the Convict-Appellant namely Mr. Ayub Ali Sheik......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......d by the Convict-Appellant namely Mr. Ayub Ali Sheikh @ Buna, challenging the legality and propriety of the judgment and order dated 18-2-2008 passed by the learned Judge Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appel­lant under section..

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154