Had crimes that is featured with specific compulsory punishment according to the definition
expressed in section 3 of the Criminal Law Act 1991.
In general, it's wise to say the determining on application of these rules remain in the residue
of the court discretion upon investigating on the definite age. The court is to decide upon
investigating on the definiteness of the age. Document (3) did not definitely determine the
accused age and expresses only presumption of the age to be between 18 and 20 years with
the appearance of two signs. It worth saying in the light of appearing of a new scientific
theory to the effect that the natural signs have nothing to do with the age of maturity and
attributing the appearance of the signs to inheritance factor, environmental, genetic or social
factors. I agree to the refer of the case to the First Instance Court who shall follow the
directions specified in this memo
, Finally it necessary to shed light on the typing mistakes that appears to have be committed by the
court on page (61) of the case record , in the conviction form , the court recorded that the
conviction is under paragraph (b) of Section 45 / of the Juvenile Law Act , Its acknowledged that
the sentence for this crime is under paragraph ( w) of section 86 is life imprisonment and fine or
execution .
2- the court in contradiction of the above and on page (70) in the end of the reasoning of its
judgment decided that the conviction is under paragraph (J) of section (45) of the Juvenile Act
punishable under section (86) paragraph (z) of the same Act.
3- the court came again to mention in the punishment memo in page (72) and in the prison form (
form No32 that the conviction is under s 45 sub s (b) of the Juvenile Law Act 2010 in addition to
section 151 of the Criminal Law Code despite the fact that the court had refer to the crime in the
transfer of accused form . to be under s 149 –
Therefore, I direct and order the competent Judge to note and avoid these mistakes in the future.
And finally, I concur with my colleagues in the result but rather on different reasons.
Abdalroof Hassab Allah Mallasy
Supreme Court Judge
15 / 4 / 2015
15/Jumadda First 1436
Final Order.
1-We confirm the decision resending the case paper to the First Instance Court.
2- The proceeding shall be referred to the court to rule on the case as the directive of the
above ruling
Abdalroof Hassab Allah Mallasy
Supreme Court Judge
Circuit President
15 / 4 / 2015
15/Jumadda First 1436