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Hyderabad minor gang-raped in car; cops probe role of kin of two politicians

chinasun

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Hyderabad minor gang-raped in car; cops probe role of kin of two politicians​

hyderabad-minor-gang-raped-in-car-cops-probe-role-of-kin-of-two-politicians-for-sexual-assault...jpg

Synopsis

Class 11 and 12 students belonging to politically influential families are allegedly involved in the incident. Son of a legislator is also believed to be part of the group. However, police said he may not have been involved in the crime as he repo...

A minor girl was allegedly gang-raped by five teenagers in a car in Hyderabad's posh Jubilee Hills area on last Saturday.
The shocking incident came to light on Friday. Police have detained two suspects and are questioning them.

Class 11 and 12 students belonging to politically influential families are allegedly involved in the incident. Son of a legislator is also believed to be part of the group.
However, police said he may not have been involved in the crime as he reportedly got off the car and ran away before the gang-rape.
The minor girl had gone to a pub along with a friend. As her friend had left early, she befriended a boy during the party. He along with his friends promised to drop her home. They stopped at a pastry shop en route and later parked the Mercedes car in Jubilee Hills, where five boys sexually assaulted her while others stood guard outside the car.

The incident came to light when the girl's father noticed injuries on her neck and enquired about it. She told him that some boys attacked her after a party at a pub.

On the complaint by victim's father, police on Wednesday registered a case under section 354 of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act and took up investigation.

It was initially treated as a case of outraging modesty but after recording the statement of the victim, police altered the section to 376 of IPC.
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A police officer said they were looking for the accused based on the statement of the victim.

The girl could name only one boy, who is also a minor.
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The police were also scanning CCTV footage and gathering other technical evidence。
 
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khansaheeb

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RAPE IN INDIA​

A visual exploration of systemic rape culture​

By Aditya Jain

Earlier this year, I woke up to news of two brutal cases of rape and murder in India. The news was made more devastating for the fact that both victims were minors. In the following weeks I observed a familiar pattern unfold — public anger, media frenzy and promises of stricter laws by legislators. There was a strong sense of Déjà vu in the air, accompanied with a sinking feeling that the needle hadn't moved forward in all these years.

The death penalty is easy political candy to hand out to angry and upset citizens, but it’s much harder to work on justice systems that guarantee swift, certain punishment for sexual assault or to limit the violent patriarchies that cause rape in the first placeKaruna Nundy
The following interactive is the record of a citizen’s inquiry. It uses data from the National Crime Record Bureau’s 2016 report to visually explore some facets of reported rape crime as well as the systemic dysfunction of the Indian justice system in tackling reported rape crime. A conversation is a prerequisite for solving a problem of this scale, and I hope that this piece can serve as a visual framework to kickstart civic discourse about the issue with our families and everyday friends, whether it be at the dinner table or the local cafe.

The Crime​

Before we dive into the visuals lets look at the Indian law that defines what a rape crime is. Here is section 375 of the Indian Penal Code.

§375. A man is said to commit "rape" if he

  1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
  2. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
  3. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
  4. applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person
under the circumstances falling under any of the following seven descriptions

  1. Against her will
  2. Without her consent
  3. With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt
  4. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married
  5. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent
  6. With or without her consent, when she is under eighteen years of age
  7. When she is unable to communicate consent
Explanation
  1. For the purposes of this section, "vagina" shall also include labia majora
  2. Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act; Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity
Exceptions
  1. A medical procedure or intervention shall not constitute rape
  2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape
Some observations here: Firstly, in 2017 the Supreme Court ruled that since the age of consent is eighteen, any sexual intercourse by a man with his own wife aged between fifteen to eighteen years, Section 375 exception not withstanding, is indeed rape. Secondly, the Section 375 exception still stands for victims of marital rape above eighteen years unless the couple has legally seperated. This is understandably one of the most contentious parts of the existing legal framework. Despite popular support for outlawing marital rape, the government in power at the time of writing has filed legal papers to prevent such a change.

Thirdly, the law is gendered — it assumes that rape crime is commited by a man against a woman. As it stands this law fails to protect people who have been sexually assaulted by members of the same sex. Sexual acts between members of the same sex, forced 🏳️‍🌈or consensual 🏳️‍🌈, are charged as an offence under Section 377 of the Indian Penal Code. Fourthly, it is worth noting that Section 90 of the Indian Penal Code, reproduced below, may invalidate consent given under misconception of fact. This section seems to be the basis for a fair number of reported rape crimes in which the accused is a person who allegedly obtained consent under the pretext of marriage.

§90. Consent known to be given under fear or misconception

A consent is not such a consent as is intended by any Section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;

This is a choropleth map that shows the number of rape cases reported within Indian states. Madhya Pradesh reported the highest number of rape crimes (4,882) followed by Uttar Pradesh (4,816), Maharashtra (4,189) and Rajasthan (3,656).
Now, this is admittedly not the best map to visualize the situation. The area and population for each Indian state can differ greatly, so states with large population sizes will always come out for the worse by this yardstick. Its imperative that we normalize our data for population to get a ‘better’ picture.

Now, this is a slightly better map that normalizes the data for population and depicts rate of rape crimes per lakh (100,000) population. We can see that Delhi and Sikkim have some of the highest rates of rape crime, but this map still doesn’t reflect the ground reality for most states.
The elephant in the room happens to be the sheer number of rape crimes that go unreported every year. Estimates of unreported sexual violence are as high as a staggering 85.2% and that’s excluding marital rape/assault.
Limited as it may be, this data is the only yardstick we have to survey the present state of affairs. We move forward knowing that the data and graphics presented here represent only the tip of the iceberg.

The Victim​

Under present laws minors, aged below eighteen years, are protected under the Protection of Children from Sexual Offences Act (POCSO) of 2012. The punishment for the rape of a minor is described clearly in Section 4 & 6 of the POCSO Act, read with Section 376 of the IPC which describes the punishment for rape. Furthermore, in 2018, Section 376 of the IPC was amended by the Criminal Law Ordinance of 2018 to impose the death penalty for the rape of a minor below twelve years of age, among other changes.

Just under half of all reported rape victims are Minors

Age of victims in reported rape crimes across India​

Andhra Pradesh​

Arunachal Pradesh​

Assam​

Bihar​

Chhattisgarh​

Goa​

Gujarat​

Haryana​

Himachal Pradesh​

Jammu & Kashmir​

Jharkhand​

Karnataka​

Kerala​

Madhya Pradesh​

Maharashtra​

Manipur​

Meghalaya​

Mizoram​

Nagaland​

Odisha​

Punjab​

Rajasthan​

Sikkim​

Tamil Nadu​

Telangana​

Tripura​

Uttar Pradesh​

Uttarakhand​

West Bengal​

Andaman & Nicobar Islands​

Chandigarh​

Dadra & Nagar Haveli​

Daman & Diu​

Delhi​

Lakshadweep​

Puducherry​

According to the National Crime Records Bureau, all data for its ‘Crime in India’ report is entered by State/Union Territory Police at the Police station/district level and consolidation of the District/State level data is conducted by State Police Agencies (SCRB/ CID). The report also states that “Steep variations noticed over previous year both through application as well as manual screening are communicated to the respective State/UT for verification and rectification”.

The fact that the charts for West Bengal and Tamil Nadu record no minor victims and look radically different from states of similar size and socio-economic make up raises questions about the integrity of this dataset. Both states also reported no minor victims in the year 2015 and West Bengal reported no minor victims in 2014 either

The Accused​

The ‘Treemap’ charts below represent each category of the offender’s relation to the victim as a rectangle of area proportional to its percentage of total cases. All offenders known to the victim, depicted in colors other than grey, account for 94.6 percent of all reported rape crime in India.

An interesting demographic that accounts for a significant percentage of all cases is ‘Known persons on promise to marry the victim’. There is a fair bit of nuance in these sort of cases that is well documented elsewhere.

Grand Father/ Father/ Brother/ SonClose Family MembersRelativesPartner / Husband / Separated/ ExEmployer/CoworkerNeighborsKnown persons on promise to marry the victimOther known personsOffenders not known to victims

Offenders relation to victims of Rape across India​

Andhra Pradesh​

Arunachal Pradesh​

Assam​

Bihar​

Chhattisgarh​

Goa​

Gujarat​

Haryana​

Himachal Pradesh​

Jammu & Kashmir​

Jharkhand​

Karnataka​

Kerala​

Madhya Pradesh​

Maharashtra​

Manipur​

Meghalaya​

Mizoram​

Nagaland​

Odisha​

Punjab​

Rajasthan​

Sikkim​

Tamil Nadu​

Telangana​

Tripura​

Uttar Pradesh​

Uttarakhand​

West Bengal​

Andaman & Nicobar Islands​

Chandigarh​

D&N Haveli​

Daman & Diu​

Delhi​

Lakshadweep​

Puducherry​

If you're like me, you probably want to know more details about these cases. Unfortunately, this is all that the NCRB collects. However, some stellar reporting by Rukmini S sheds light on the kind of rape crimes that came before Delhi’s six district courts in 2013. Among the key findings in the article is that “a third of all the cases heard during one year dealt with consenting couples whose parents had accused the boy of rape”.

The Justice System​

Rape victims in India face significant barriers in their fight for justice, a fight not made easier by unempathetic systems that blame victims for their misfortune. Victims may encounter hostile conditions in police stations where they are often pressured to withdraw their case. In some cases the police may find its own authority undermined by people in positions of power. Threats of transfers impede officers from carrying out their duties in such cases.

Once a case is chargesheeted by the police and sent to trial, it can languish in the court system for decades. Rape cases face an incredible backlog in the courts, more new cases were sent for trial in 2016 (33,628) than the number of cases disposed by the courts in the same year (18,792). The arduous process only adds to the victim’s trauma who often buckles under pressure from her own family or that of the accused, and turns hostile. Getting past all these obstacles still does not guarantee justice for the victim — the national conviction rate for reported rape crime stands at only 25.5 percent. A big factor behind this low conviction rate is the poor collection and mishandling of evidence.

The Sankey(ish) graph below depicts the outcome of all 1,73,608 rape crimes in 2016 that were either reported to the police, pending with the police from 2015, or pending with the judiciary from 2015. Every single reported rape crime in the justice system is depicted as a red dot

Cases registered with police in 2016

Total cases investigated by police in 2016

Police investigations pending from 2015

Cases pending investigation by end of 2016

Cases withdrawn by the governmentDisposed by the Police

Transferred¹Not Investigated²Final Report

True but insufficient Evidence

False

Mistake of FactNon CognizableChargesheet submitted

Cases awaiting trial at the end of 2015

Total cases sent for trial in 2016

Cases awaiting trial at the end of 2016

Trials completed

Plea BargainingCompoundedConviction

Acquittal or Discharge

Police investigations pending at the end of 2016974↑4from last year
Police disposal rate50.4%Below average
Chargesheeting rate94.6%Above average
Court trials pending at the end of 20162413↑280from last year
Court disposal rate20.9%Above average
Conviction rate12.2%Below average
Andhra Pradesh
Police investigations pending at the end of 201645↑11from last year
Police disposal rate64.3%Below average
Chargesheeting rate77.8%Below average
Court trials pending at the end of 2016734↑35from last year
Court disposal rate3.4%Below average
Conviction rate58.3%Above average
Arunachal Pradesh
Police investigations pending at the end of 20163029↑48from last year
Police disposal rate36.4%Below average
Chargesheeting rate73.7%Below average
Court trials pending at the end of 20167801↑627from last year
Court disposal rate7.5%Below average
Conviction rate16.3%Below average
Assam
Police investigations pending at the end of 2016614↓247from last year
Police disposal rate67.1%Above average
Chargesheeting rate92.2%Above average
Court trials pending at the end of 20165386↑755from last year
Court disposal rate6.7%Below average
Conviction rate37.3%Above average
Bihar
Police investigations pending at the end of 2016205↓5from last year
Police disposal rate88.8%Above average
Chargesheeting rate98.6%Above average
Court trials pending at the end of 20162883↑105from last year
Court disposal rate33.5%Above average
Conviction rate30.1%Above average
Chhattisgarh
Police investigations pending at the end of 201678↓2from last year
Police disposal rate44.7%Below average
Chargesheeting rate90.5%Above average
Court trials pending at the end of 2016233↓2from last year
Court disposal rate20.2%Above average
Conviction rate18.6%Below average
Goa
Police investigations pending at the end of 2016179↑70from last year
Police disposal rate83.1%Above average
Chargesheeting rate96.4%Above average
Court trials pending at the end of 20164487↑646from last year
Court disposal rate4.6%Below average
Conviction rate12.2%Below average
Gujarat
Police investigations pending at the end of 2016218↑59from last year
Police disposal rate83.8%Above average
Chargesheeting rate73.3%Below average
Court trials pending at the end of 20161208↑216from last year
Court disposal rate28.5%Above average
Conviction rate20.8%Below average
Haryana
Police investigations pending at the end of 201670↓4from last year
Police disposal rate78.5%Above average
Chargesheeting rate87.1%Below average
Court trials pending at the end of 2016751↑57from last year
Court disposal rate17.6%Above average
Conviction rate26.4%Below average
Himachal Pradesh
Police investigations pending at the end of 2016150↑16from last year
Police disposal rate61.5%Below average
Chargesheeting rate77.1%Below average
Court trials pending at the end of 2016817↑1from last year
Court disposal rate18.3%Above average
Conviction rate4.9%Below average
Jammu & Kashmir
Police investigations pending at the end of 2016782↑127from last year
Police disposal rate55.7%Below average
Chargesheeting rate89.4%Below average
Court trials pending at the end of 20162728↑280from last year
Court disposal rate16.8%Above average
Conviction rate32.5%Above average
Jharkhand
Police investigations pending at the end of 2016598↑275from last year
Police disposal rate69.8%Above average
Chargesheeting rate95.0%Above average
Court trials pending at the end of 20163624↑603from last year
Court disposal rate16.0%Below average
Conviction rate13.1%Below average
Karnataka
Police investigations pending at the end of 20161048↑9from last year
Police disposal rate61.1%Below average
Chargesheeting rate94.6%Above average
Court trials pending at the end of 20168284↑1165from last year
Court disposal rate4.4%Below average
Conviction rate21.3%Below average
Kerala
Police investigations pending at the end of 2016437↑46from last year
Police disposal rate91.7%Above average
Chargesheeting rate98.7%Above average
Court trials pending at the end of 201610695↑944from last year
Court disposal rate25.2%Above average
Conviction rate25.8%Below average
Madhya Pradesh
Police investigations pending at the end of 20162221↑157from last year
Police disposal rate64.5%Below average
Chargesheeting rate94.9%Above average
Court trials pending at the end of 201620646↑2120from last year
Court disposal rate7.2%Below average
Conviction rate19.5%Below average
Maharashtra
Police investigations pending at the end of 2016280↓7from last year
Police disposal rate18.1%Below average
Chargesheeting rate82.3%Below average
Court trials pending at the end of 2016186↑45from last year
Court disposal rate3.1%Below average
Conviction rate33.3%Above average
Manipur
Police investigations pending at the end of 2016282↓42from last year
Police disposal rate45.1%Below average
Chargesheeting rate72.4%Below average
Court trials pending at the end of 20161061↑83from last year
Court disposal rate7.4%Below average
Conviction rate75.3%Above average
Meghalaya
Police investigations pending at the end of 201612↓4from last year
Police disposal rate69.2%Above average
Chargesheeting rate100.0%Above average
Court trials pending at the end of 2016178↓2from last year
Court disposal rate12.3%Below average
Conviction rate80.0%Above average
Mizoram
Police investigations pending at the end of 201611↓5from last year
Police disposal rate73.8%Above average
Chargesheeting rate90.3%Above average
Court trials pending at the end of 201648↑9from last year
Court disposal rate27.3%Above average
Conviction rate44.4%Above average
Nagaland
Police investigations pending at the end of 20161051↓76from last year
Police disposal rate66.2%Above average
Chargesheeting rate96.9%Above average
Court trials pending at the end of 20169246↑1100from last year
Court disposal rate8.2%Below average
Conviction rate16.6%Below average
Odisha
Police investigations pending at the end of 2016354↑53from last year
Police disposal rate68.9%Above average
Chargesheeting rate83.3%Below average
Court trials pending at the end of 2016562↑91from last year
Court disposal rate49.3%Above average
Conviction rate30.8%Above average
Punjab
Police investigations pending at the end of 2016392↓96from last year
Police disposal rate90.5%Above average
Chargesheeting rate55.5%Below average
Court trials pending at the end of 20166890↑868from last year
Court disposal rate12.8%Below average
Conviction rate31.5%Above average
Rajasthan
Police investigations pending at the end of 201628↑28from last year
Police disposal rate69.6%Above average
Chargesheeting rate100.0%Above average
Court trials pending at the end of 201665↑53from last year
Court disposal rate14.5%Below average
Conviction rate45.5%Above average
Sikkim
Police investigations pending at the end of 2016300↓117from last year
Police disposal rate59.2%Below average
Chargesheeting rate88.5%Below average
Court trials pending at the end of 20162123↓96from last year
Court disposal rate18.4%Above average
Conviction rate19.0%Below average
Tamil Nadu
Police investigations pending at the end of 2016967↑259from last year
Police disposal rate51.3%Below average
Chargesheeting rate92.4%Above average
Court trials pending at the end of 20162806↑304from last year
Court disposal rate18.0%Above average
Conviction rate13.5%Below average
Telangana
Police investigations pending at the end of 2016124↑25from last year
Police disposal rate59.5%Below average
Chargesheeting rate92.3%Above average
Court trials pending at the end of 2016584↑1from last year
Court disposal rate21.5%Above average
Conviction rate35.4%Above average
Tripura
Police investigations pending at the end of 2016740↑238from last year
Police disposal rate86.1%Above average
Chargesheeting rate81.0%Below average
Court trials pending at the end of 20168717↑1817from last year
Court disposal rate14.2%Below average
Conviction rate47.7%Above average
Uttar Pradesh
Police investigations pending at the end of 201672↓0from last year
Police disposal rate82.4%Above average
Chargesheeting rate78.3%Below average
Court trials pending at the end of 2016319↑147from last year
Court disposal rate26.3%Above average
Conviction rate53.5%Above average
Uttarakhand
Police investigations pending at the end of 2016311↓264from last year
Police disposal rate81.5%Above average
Chargesheeting rate95.9%Above average
Court trials pending at the end of 201616939↑209from last year
Court disposal rate5.6%Below average
Conviction rate11.1%Below average
West Bengal
Police investigations pending at the end of 201617↑6from last year
Police disposal rate58.5%Below average
Chargesheeting rate95.8%Above average
Court trials pending at the end of 2016141↑15from last year
Court disposal rate4.7%Below average
Conviction rate0.0%Below average
Andaman & Nicobar Islands
Police investigations pending at the end of 201634↑4from last year
Police disposal rate65.3%Above average
Chargesheeting rate89.1%Below average
Court trials pending at the end of 201671↓1from last year
Court disposal rate42.7%Above average
Conviction rate32.1%Above average
Chandigarh
Police investigations pending at the end of 20162↓4from last year
Police disposal rate90.0%Above average
Chargesheeting rate100.0%Above average
Court trials pending at the end of 201621↑4from last year
Court disposal rate40.0%Above average
Conviction rate14.3%Below average
Dadra & Nagar Haveli
Police investigations pending at the end of 20166↑4from last year
Police disposal rate57.1%Below average
Chargesheeting rate100.0%Above average
Court trials pending at the end of 201620↑7from last year
Court disposal rate4.8%Below average
Conviction rate0.0%Below average
Daman & Diu
Police investigations pending at the end of 20161036↓17from last year
Police disposal rate67.7%Above average
Chargesheeting rate97.1%Above average
Court trials pending at the end of 20166333↑1466from last year
Court disposal rate8.3%Below average
Conviction rate26.1%Below average
Delhi
Police investigations pending at the end of 20165↑3from last year
Police disposal rate28.6%Below average
Chargesheeting rate100.0%Above average
Court trials pending at the end of 20164↑2from last year
Court disposal rate0.0%Below average
Conviction rateNA
Lakshadweep
Police investigations pending at the end of 20166↑2from last year
Police disposal rate40.0%Below average
Chargesheeting rate100.0%Above average
Court trials pending at the end of 201611↑1from last year
Court disposal rate15.4%Below average
Conviction rate50.0%Above average
Puducherry

Caveat​

I was surprised to find out about NCRB’s practice of basing data collection upon the “principal offence” rule. In short, if a rape also involves the murder of a victim then the crime is recorded as a murder and not a rape. This means that some of the most brutal and high profile rape cases in recent memory would not be a part of a dataset such as the one under examination here.

Conclusion​

I hope that this piece has helped you visualize the broken state of the Indian justice system and the enormous challenges we face in our dream to build a safe and equitable society. If you’re a data literate citizen, I encourage you to conduct your own data-driven inquiries into issues that impact our civic life using open-data from public institutions.

Data Sources​

  1. IPC Crimes against Women (By Crime head), 2016
  2. Victims of Rape under Different Age-Groups, 2016
  3. Offenders Relation to Victims of Rape, 2016
  4. Police Disposal of Crime against Women Cases, 2016
  5. Court Disposal of Crime against Women Cases, 2016
  6. Police and Court Disposal of Rape Crime (By State), 2016
 

Faqirze

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Are Pakistan and Afghanistan really more safer when it comes to children??

I don't think so unfortunately.
Much, much worse actually. But India is a so called "civilized" nation on paper unlike the two you mentioned, still find these rape threads extremely low nonetheless.
 

Suriya

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@khansaheeb

Rape victim is a minor Hindu girl. Name not disclosed.

Accused arrested are seven and four are below 18years. All are Muslims.

Accused names who are above 18.

Saduddin Malik (18) prime accused.
Osman Ali Khan


Police registered a case under sections 376-D (gang rape), 323 (causing injuries) and 376 (kidnapping) of the Indian Penal Code, besides the Protection of Children from Sexual Offences Act. A second case was also registered under the Information Technology Act for filming the rape and circulating the pictures and video.
 

mangochutney

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Like I say only way to curb these disgusting bastards is to execute them on live tv so the whole nation watches as the Arabs are now going to do in Egypt .

Saudi Arabia’s public executions work and China also has put child rapists to death without questions asked .

This is the only way to curb these dirty bastards .
 

khansaheeb

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Like I say only way to curb these disgusting bastards is to execute them on live tv so the whole nation watches as the Arabs are now going to do in Egypt .

Saudi Arabia’s public executions work and China also has put child rapists to death without questions asked .

This is the only way to curb these dirty bastards .
Why not teach them Islam before they commit the crimes?
 

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