In the name of God the most gracious the most merciful
SUPREME COURT
DARFUR GREATER STATES CIRCUIT
Criminal Circuit
Before:
Kassim Hamid Hussain
Abd Al Latif Mohamed Al Amin
Hashim Al Toum
Presiding Judge
Member
Member
No. 52/2018
TRIAL OF MOHAMMED IZO DODO ARJA
JUDGMENT
At the non-summary trial No. 26/2017, Al Genaina General Court convicted the said
accused under Article (45/b) of Child Act for 2010 with a fine of 3 thousand pounds and in
event of nonpayment he will be eligible for 6 months in prison because he violated Article
(135) of Criminal Act for 1991, along with payment of fetus blood money in favor of the
victim as well as sentencing him to fifteen years in prison by reason of violating Article
(45/b) with a fine of two thousand pounds and in event of non-payment he will be eligible
for 6 months in prison consecutively applicable with the other penalties.
The Appeal Court of West Darfur State upheld the conviction under Article (45/b) of Child
Act together with the penalty under which is imposed and cancelled the conviction under
Article (135) of Criminal Act including the penalty and blood money in accordance with
the memorandum No. 61/2017 dated 30/08/2017.
The convict was dissatisfied with this judgment and the present petition was therefore
submitted by his attorney Adam Nehar requesting us to examine the appeal court judgment
in order to verify the validity and integrity of proceedings.
The petition focuses on the fact that the victim has two age estimations; one as indicted in
the national number that her birth was in 2006 and the other in an age estimation certificate
issued by NeyalaMedical Commission.
Both the trial court and the appeal court failed to concentrate on age estimation because
there was a scratch in the age.
Further, the victim`s adulthood was proved by pregnancy as agreed by jurists and affirmed
in the Circular No. 106/1984 which refers to the judgments magazine 1982 - Page (116)
relating to the execution of such circular and requested intervention.
We accept the petition in accordance with power vested in us under the provision of Article
(188) of Criminal Procedures Act for 1991 with the objective of ensuring validity and
integrity of proceedings that led to convict Mohamed Ezzo Dodo under the Article the