according to the local cultural conditions (the matter here relates to the application Islamic Sharia). Beijing Rules, however, stated that the age shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity. Needless to say Beijing Rules lost a great deal of their importance as to their satisfaction in determining a minimum age for the criminal responsibility (which is based on adulthood and mind). Even the Child Act is not safe from contradiction as Article (5/2) thereof found to be in contradiction with the Criminal Act which is best for the child`s interest, when it provided that the child shall not be criminally held responsible unless he reaches the twelve years of age whereas the criminal responsibility in the Criminal Act is given upon adulthood and completion of fifteen years of age or attaining eighteen years of age, and whoever below the fifteen years or at the seventeen years of age without apparent adulthood physical signs shall not be criminally held responsible. It also contradicts with Beijing Rules which provide for the application of the national legislation or what is best for the child`s interest. I conclude from the foregoing that the 17 years old victim who was pregnant as a result of performing a sexual intercourse by the convict is not a child in accordance with the Criminal Act which has been derived from Islamic Sharia the main source of legislations applicable nationwide among which is the Child Act. It is applicable to the States of North Sudan according to Article (5/1) of the transitional Constitution for 2005. We are neither in the process of the victim`s criminal responsibility nor the application of the Child Act thereto. The victim has not been brought forward before the Court as an accused despite her attainment of puberty, pregnancy and admission in the investigation record of adultery by her consent in pursuit of the convict. The Prosecution ignored charging the victim and the trial court omitted listening to her statements. We will discuss this later as we are in the process of the convict`s criminal responsibility and the judgment delivered against him in connection with a crime the punishment of which is a Sharia punishable penalty whether adultery by her consent or rape with the addition of a discretionary penalty in the latter case. We cannot say that her sexual intercourse was a rape simply because she has not attained eighteen years of age according to Child Act i.e. without her consent despite her attainment of adulthood and got pregnant. Nevertheless, the consent upon which the Criminal Act relies in Article (3) thereof which is a consent based on the fact that the present accused being a man must decide on his responsibility in accordance with the provisions of the Criminal Act which provides for otherwise the application of the provisions of the Child Act, which are punishable only, and considers the victim`s sexual intercourse as a rape despite her admission, may impose the discretionary penalty provided for in Article (86) of the Child Act and disabling the