In the name of Allah, The Beneficent, The Merciful The National Supreme Court The Criminal Department Before Honorable Justices: Hashim Omer Abdullah Mohammed ……………………………….. Chairman Awad Hassan Awad …………………………. Member Shawqi Othman Ahmed Haroon………………………….. Member Dr. Adlan Al Haj Mahmoud ………………………. Member Al Araki Al Rayah Al Ilaish ………………………….. Member Trial of: Isam Abdul Hafiz and other Number: M. A./ T. J./121/2010 Awsat Review number/392/2017 The Decision: The department of Al Wusta States and Al Qadarif of the National Supreme Court issued a judgment on the appellate number 121/2017 to the effect of cancelling the judgment of the appeal court’s decision concerning the charge under article 21/149 of the criminal law for 1991; and cancelling the penalty issued, and therefore re-establishing the judgment of the court of the first instance: to indict the accused under article 21/149 criminal and the penalty issued. And therefore, to adjust the original imprisonment sentence to 8 years for each accused, and to endorse the decision of the appeal court regarding the rejection of the conviction under article 21/139-Criminal and the punishment; and to endorse what the appeal court had sentenced on this particular section of the case, and also to endorse the conviction and the punishment under article 153/1 criminal against the first accused and the punishment passed; and to order to confiscate the mobile phone. The Wad Madani criminal court had charged the first accused under article 21/149/139/153-Criminal, and the second accused under the article 21/149/139-Criminal sentencing the first accused to one hundred whip lashes for violating article 21/149-Criminal and an imprisonment sentence for a period of seven years starting from 10/1/2017 and a fine of 3 thousand Pounds, and if not paid, an imprisonment sentence for two years period. And also, to pay the amount of five thousand pounds to a justice government department, to be collected in a civil procedure and a fine of one thousand pounds for violating article 153 criminal, or an imprisonment sentence for a period of one month, and to confiscate the mobile phone and decided these exhibit to be destroyed. The court had sentenced the second accused to 100 whip lashes for violating article 21/149Criminal, and an imprisonment of seven years and a fine of 3 thousand pounds, or imprisonment for 2 years, and to pay a civil fine of 5 thousand pounds … this sentence had been appealed against at the Appeal Court of Al Gazirah State and the court had issued its sentence number 53/2017 to adjust the convection from being under article 21/149 to 139-Criminal, and to revoke the fine penalty by calculating the period that the two accused spent in prison, and to cancel the justice governance Diiya’ Compensation, and to endorse the conviction under article 153, and the alternative fine and imprisonment sentences ordering the two accused be transferred to the court of the first instance to