should the evidence required legally be applied in the state of proof of adultery, and if the ruling is issued without the Sharia evidence, doesn't that make a person ask whether the ruling was contrary to sharia or not? The crime of rape is originally adultery between the adult adulterous party and rape of the victim as a minor without consent. Article 45 (b) of the Child's Act refers to many questions because the evidence of the child's testimony only proves that the accusation is confirmed and that the courts have made it possible to medically examine the victim due to his condition after the rape as part of the confirmation, but after many Trials referred to where judgments to life imprisonment or for a long time in many cases, the sub-courts sentence to death by the evidence of the child only support includes the condition of the victim and the medical examination does not include the condition of the accused so that the matter is complete. We find that in many cases the judgments are sentence to death, or confirmation by medical examination of the child and what happened to him, but the medical examination does not include corresponding of materials of victim with the body or clothing of the offender. So, the materials at the body of the victim are those of the offender and it seems that the Community disgusts the crime making courts apply the law of the legislator without considering that the rule has violated the law unwillingly as the evidence of the child is acceptable and of course from the point of view of Sharia, evidence of the child is acceptable in such acts, but here the rule of evidence was contrary to the evidence of the claimant because the Claimant is a child and his statements have become evidence. However, it must be agreed that the rule of accepting the child's evidence should not be changed, as is the case that the courts agree on the principle of punishment and the level of proof determines the penalty under 45 / B of the Child Act, 2010, if the evidence is evidence of the child alone and not support to it, conviction will take place to execution if there are legal evidences and if there are no legal evidences, the punishment will be only imprisonment. In our present case, the accused, although he was of big age, but he was not married and if we imposed sentence to death penalty without legal evidence, as to see the act by eye and by four witnesses of consistent statements. So, I see that, if the colleagues agree with me to support the conviction under Article 45 B as the Trial Court decided, and to amend the sentence to be 20 years imprisonment while retaining the rest of the penalties. Signed Saleh Tigani Elamin Judge of the High Court 30/5/2017 I agree with the conviction under Article 45 (b) of the Child's Act It is true that the legislator provided for the imposition of deterrent penalties on conviction under this Article, the minimum of which is life imprisonment. We kept on imposing maximum punishment due to of the growing phenomenon of sexual assault on children, taking into account the circumstances and surrounding conditions of the offender and the crime in general when imposing the maximum conviction for a man aged approximately seventy and may reach it when these procedures are completed, so it will be unfitting to impose sentence to death punishment on discretionary basis. So, I see, replacement of sentence to death by life imprisonment as of 14/05/2016, provided to return the papers to the Trial Court to impose the fine as it is a duty punishment and compensation for the victim, as their compensation is a is a matter of duty in accordance with Article (83) of the Child Act 2010. Signed Mahgoub Elamin Elfaki Deputy Chief Justice 5