In the name of God the most gracious the most merciful
NATIONAL SUPREME COURT
Criminal Circuit
Before:
Osman Al Siddiq Ahmed
Abbas Ali Babikir
Aber Al Mahi Abd Al Rahman
Head
Member
Member
Trial of Mohamed Ishaq Ali Abdullah
No. life imprisonment/3/2016
JUDGMENT
Omdurman Child Court has convicted accused/ Mohamed Ishaq Ali Abdullah, under section 45/b of
the Child Act 2010 and sentenced him to twenty years imprisonment and fine equal to five thousands
Sudanese pounds to be collected in accordance with section:198 of the Criminal Procedures Act and
issued its order to submit the papers to this circuit in accordance with section:181 of the Criminal
Procedures Act , and the Court of Appeal has issued its decision No.: #/1125/2015 to uphold the
judgment.
Upon perusing the papers, it is revealed that, plaintiff has submitted a petition to the Public Prosecution
alleging that, the above accused has committed rape on her daughter Reem who is 8-10 years old at the
house of her neighbors at Al Fath area, block 102, whereupon this case has been initiated. We find that
the prosecution has submitted sufficient evidence for conviction, which was the testimony of the
complainant on oath and the statement of the victim, which is an admissible evidence in this case in
addition to the medical report which confirmed the assault around the anus hole, widening and redness
thereon, this is further to the confession of accused given during investigation, which is an express
confession, in which accused has confirmed that he entered half his penis in the child’s anus and then he
retracted and denied before the Court, a matter that cannot be taken, as it is not accepted by Sharia Law
and is not also allowed by law in crimes other than Hudud crimes and it does not affect the validity of
the confession. Therefore, the conviction was sound together with the punishment as prescribed by law.
I believe we shall decide to uphold the judgment.
Osman Al Siddiq Ahmed Tai Allah
Supreme Court Judge
14/01/2016
I agree;
Abbas Ali Babikir
Supreme Court Judge
17/01/2016
Aber Al Mahi Abd Al Rahman
Supreme Court Judge
17/01/2016
Final Order:
Judgment upheld.
Osman Al Siddiq Ahmed Tai Allah
Supreme Court Judge
Head of Circuit
25/01/2016