In reading the trial record, I disagree with the trial court's decision to sentence the
accused and punish them for the following reasons:
Proven by the testimony of the victim and the driver who drove him home, that the
accused Khamis, Al-Sadig and Youssef were next to her house when she arrived.
This confirms the victim's story that she was taken by force. This is evidenced by the
fact that she left her shoes, and the bread she was carrying. According to the witness
who was present at the home of the complainant with his mother, he confirmed this
and the medical report (indictment no. 1) confirmed the signs of a violent sexual act.
This charge is amended under Article 149 k.j because Article 145 of the Penal Code
that is mentioned in paragraph 2, states that the sexual process is performed by
entering the penis in whole or in part. This was not mentioned in the medical report
and no sperm was found because the victim was informed 24 hours later. The return
of non-judicial recognition weakens the credibility of the truth and is as irrefutable
proof. We therefore believe that the conviction should be based on Article 151 K.J
against Al-Sadig Ibrahim Abdullah, Khamis Adam Abdullah and Youssef Abdallah
Daoud. As for the other accused, there is no evidence of these, apart from the
complainant's statements.
I ask to cancel the charge and them be released unless they are wanted in other cases.
As for the compensation awarded by the court, it was not examined in the terms of
the judgment and no evidence was heard on it. In addition, the expense department
did not receive a copy of this decision.
For that, I ask to refer the file to the court to impose the appropriate penalty under
Article (12/151) K. J to the accused mentioned and to hear the evidence with respect
to the mandate, then to decide after the consent of my colleagues
Youssef Ishak Ahmad
Judge of Appeal
04/16/2018
Adel al-Hussein Haj Hamad Abu Sufyan Mohammad Youssef
Judge of Appeal Judge of Appeal
24/4/2018 25/4/2018
The final decision
Cancel the conviction of the fourth, fifth, sixth and seventh defendants and release
them unless they are required in other cases.
Amendment of the punishment of convicted persons I, II and III under Article 151 of
the 1991 Criminal Code