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

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