The female child in the proceedings of this trial despite she hasbecome pregnant from the
convict, we can see her as a child and victim and not an offender because her perception is
incomplete and the abuses towards her are therefore subject to trial under Child Act and not
Criminal Act. So, we agree with the lower courts in respect of their approach towards
application of Child Act.
We also agree with such courts over the conviction as it was proved by the convict`s
admission in writing in page (6) of the journal of inquiry without a requirement for
supporting these statements. The convict`s retraction of his statement that he inserted part of
his penis into victim`s vagina is useless because it has come in a discretionary crime and not
a hadd crime as defined in the interpretation Article (3) of Criminal Act according to the
amendment to Evidence Act by Law (31) for 1994 Article (22/2) which is read in
accordance with the amendment as follows ((Retraction of an admission in hadd crimes is a
suspicion which makes the admission inconclusive evidence)).
So, the victim`s allegations that there is a love relationship between her and the convict
which led her to go to his house and perform sexual intercourse with him being a child who
has not yet perceived life after such consent, are not reliable as her perception is incomplete
despite she attained adulthood.
Article (83/a) of Child Act necessitated observation of victimized children`s weak
confession and characterization of proceedings accordingly.
Article (5/k) of general principles of Child Act provides that it is necessary to ensure
protection of child from all forms of violence and harm or inhuman treatment or abuse in all
forms thereof including sexual, negligence and exploitation.
I am therefore in the opinion of upholding the conviction under Article (45/b) of Child Act
and to be read in conjunction with Article (86/f) of the same Act.
the penalty as contained in Article (86/f), when conviction is decided under Article
(45/b),adopted two limits, a maximum limit which is death penalty and a minimum limit
that is 20 years in prison with a fine as a legislative singling out the content of which cannot
be overlapped or going down lower than what provided by the legislator when the judge
singles out a penalty proceeding from his power provided for in Article (39) of Criminal Act
for 1991.
The rule is that the judge must impose death penalty from the philosophy of the Child Act.
The Chief Justice issued the Circular 46/2011 dated 10/10/2011 concerning judicial
singling out over such penalty and the prominent of its contents it instructed court to
observe the following:
Firstly: Courts are to single out the penalty on convicts of crimes contained in Article (86) of
Child Act by observing the aim of the legislator to strengthen the penalties on such crimes
subject to the extent of gravity of the offencewhich has been committedand proportionality