In the Trial of Marwan Elamin Abdelrahman (unpublished) No. HC/Life Imprisonment/ 16/2017,
which was tried before the Atbara Criminal Court. He was sentenced to twenty years imprisonment
for violating Article 45 / B of the Child Act. Mazin who eight years old was sent by his mother with
another child called Omer to and his son Omar sent him to his grandmother's house. The accused,
who sent the child Omar to his grandmother's house. Omer was sent by the accused to bring water
and took the victim into a newly built house and raped him, under No. HC/Life Imprisonment/
16/2017. The High Court supported the judgment of 20 years.
In the Trial of Abdelkrim Younis Eltaher, who was tried before the Omdurman Criminal Court for
violating Article 45 / b of the Child's Act, 2010, read with Article 68 of the same law and punished
him with 20 years' imprisonment. When the victim was found to be 16 years of age and there was
consent by him, the conviction was amended to Article 149 of the Criminal Code instead of Article
45 / b of the Child's Act and amended the imprisonment judgment to ten years from 25/10/2015
with hundred lashes.
In the 358/2016 Review, as in the Trial of Mohamed Adam Garma Sennar, the conviction under
Article 45 / a of the Child's Act, read with Article 86 of the Child Act, 2010 and was sentenced to
death by hanging. The appeal judgment revoked the judgment of the Child Trail Court, but the High
Court revoked the appeal judgment and restored the judgment of the Trial Court.
In the Trial of Siddiq Saleh Jadou Aghbash No / HC/ Execution / 22/2017, the accused was
convicted before the Maleet General Criminal Court under Article 45 / b of the Child Act, 2010 and
was sentenced to death by hanging on discretionary basis and sent the papers for approval. The
High Court saw that the conviction was to be supported under Article 45 / B of the Child's Act, and
amendment of the sentence to life imprisonment because of the uncertainty of the age of the
accused, despite the existence of direct witness testimony, who was the grandmother but no other
witness in addition to the comprehensive report on the situation of the victim.
In the Trial of Mehdi Suliman before the Elobaid Child Court, see Court, see
…HC/NKS/CR/148/Review/18/2016 the accused was sentenced to twenty years' imprisonment for
rape of the victim who was not more than 9 years of age. However, North Kordofan Court of
Appeal, the support memorandum No. life imprisonment /18/016 ordered the revocation of the
conviction and punishment, but the High Court decided to revoke the appeal and restore the
judgment of the Trial. In a Review, it was supported, and the request was rejected.
After reviewing several judicial precedents compared to our case, in which the mother sent her
daughter to the defendant's house to bring the milk pot they had sent to the defendant when the
accused was sick but instead of rewarding the family, the defendant raped the victim who came to
her mother with legs bleeding between her thighs and told her mother of the assault by the accused.
There is no doubt that the crime is consistent with the testimony of the victim and confirmed by the
medical report. There is no doubt that all the crimes prove the child's evidence as it has been for a
long time and it is not disputed that this firm belief of the child evidence before the courts, we do
not seek to change it, because when that belief was common, the punishments ranged from lashing
and imprisonment. But now there is a serious adjustment and its seriousness must be measured by
answering the important question of why in the perspective of the sharia and Hudud should seek
legal evidence? There is no doubt that this is the wisdom of Allah and when he asks for evidence
from four witnesses, Allah wants the lashing of the unmarried adulterer and the stoning in the
Sunnah for the married adulterer. Why does the sharia require evidence for Hudud? When the
discretionary punishment is applied, it does not require legal evidence. Such as the state of Child's
Act, it punishment is execution. If all the provisions are based on Sharia as the law is legal, So, why
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