M.A/T.J./17/2012 Trial of Azhari Al Saeed Adamk T.J/199/2014
Trial: Ismail Adam Mohammed M.A/T.J./203/2014 Department of the Red Sea and Kassalah.
Therefore, an adult according to the child law is:
(anyone who passed the age of 18)
And a minor is:
(anyone who did not pass the age of 18)
Furth:
Returning to the appeal and the case we find the following:
1. The applicant argues on the jurisdiction of the Child court on the ground that (the victim
is an adult) and therefore the jurisdiction should befall the criminal court according to the
criminal procedural code for the year 1991
2. As long that the accused admits to a Hadd crime, and readjusted his admittance, he shall
not be questioned on his admittance
3. There is a doubt to the real age of the victim because she (adult) and willingly shared the
crime with the accused, which deems her as an accomplice and not a victim.
(therefore) the crust of the appeal falls on (the rightfulness of the estimation) of the victim
(and whether she is an adult or not) and that the age of determination (shall be the conclusive
factor in determining whether she is a victim or an accomplice) and there is no argument on
(the pregnancy of the above mentioned) and the admittance of the accused of the sexual
intercourse as a married couple although she is not his wife, even if the accused (denies the
pregnancy) in essence, is the same (whether the applicant is pregnant or not) the crime is of
the same degree whether be it (adultery) or (criminal reprehension act) under article (45)
paragraph (B) all relates to the (presence of a criminal act) which the accused does not deny
but denies (rape) on the pretext that the act was (willingly) and it is known that the consent of
(minor is not regarded) if she is established to be a minor according to the definition of
article (3) of the criminal law for the year 1991, it does not count as consent for a minor or
under the threat of force or wring or unaware to the act because of mental or
(psychological) disorder in these cases there are no arguments from a purely legal
procedural point of view:
(therefore) the question is: (Q)
(was the acceptance of the court of the fact that the applicant was a minor based on true
evidence and was there any doubt in the determination of her age requires a reconsideration
because it relates to the child court legal criminal procedures)
By returning to the report to answer the question we find the following:
1. The victim admits the relationship and admits that both she and the accused have had
sexual intercourse together with her own consent and that she became illegally pregnant
from him