In the name of Allah, The Beneficent, The Merciful Honourable Judges: Mr. Mohammed Hamed Abu Sin … Chairman of the bench Mr. Mahjoob Al Ameen Al Faki … Member Mr. Al Rasheed Al Toum Mohammed Kheir … Member (Unclear)…… Number: M.A/Second/47/2011 The Decision: On the case Number: M.A/Second/47/2011, the Port Sudan Al Awsat General Court convicted the above mentioned Mr. Hassan Mohammed Suliman Baliha under article number 45/B/ of the Child Act of 2010, with a penalty of 20 years of imprisonment as of the date he was brought into custody on 1/11/2010 and a fine of (200) Two hundred Pounds or imprisonment for a period of one month. The convict filed an appeal claim through his lawyer to the appeal court of the Red Sea which issued her judgment number M.A./A.S.J./140/2011 to reject the appeal and to forward the trial documents to the National Supreme Court for approval of the sentence according to article 1.1 of the Criminal Procedure Act, and the trial documents have been forwarded to the Supreme Court to approve; and consequently this Bench has been formed under article 181 of the Criminal Procedure Act to approve of the issued sentence or otherwise. The facts of the case are summarized by the appeal court in that the victim whose father is working in Suria and has married another woman after divorcing her mother, who in turn remarried, the girl left home and met a friend who led her to the house of a woman named Aliza and who sells bootlegged liquor, where she met the convict when she ran into a confrontation with a young men, and the convict interfered and solved the problem. Consequently, they used to meet regularly at the house of Aliza; these meetings gradually turned into a love relationship and the accused called her mother requesting her daughter’s hand in marriage, and the mother refused and to put an end to their relationship; the mother sent her daughter to Khartoum, but the daughter returned and stayed at the convict’s home, and sexual intercourse between the two of them became a regular act. When the mother became aware of the relationship, she filed this claim against the accused who was caught in turn and the daughter was sent for medical examination, where the medical report stated that the girl is still a virgin and no recent sexual intercourse had been detected. The claim was presented to the mentioned criminal court which passed the judgment endorsed by the preliminary Court that in turn forwarded the sentence to the supreme court for endorsement, where this Bench was formalized to endorse and approve of the sentence or otherwise, according to article (181) of the Criminal Procedure Act for endorsement. I am of the following opinion: First: As stated by the questioner to ask the second question as long as the verdict was under article 45/B of the Child Act, whereas the court indicted the accused under article 149 of the Criminal Act, was the victim a minor when the accused had a sexual relationship with her in the manner of married couples? In the case that she gave no consent to the sexual act, should the case be filed under the Child’s Act?