As long as the document was submitted by a biased entity, and also I did not find in the trial proceedings whatsoever proving the convict`s age in manner more approximate to the truth. His age was not provided when interrogated by the court. So, the name, age and school stage in details determine the approximate age of the accused and the omission of which is a default in the trial proceedings. The accused might be juvenile inaccordance with Child Act, and so requiring to be kept in an educational institution. In order for the trial court to adjudicate on determining his age conclusively, it must listen to a neutral medical evidence and then render its decision. The trial court may verify the evidence should there be any adulthood physical signs appeared on the accused. He should be asked whether having attained adulthood. The court may then render its judgment if his age is proved to be 15 years old in accordance with Para (c) to Article (3) of Criminal Act for 1991. This is in order to find out whether the accused was juvenile or may be convicted according to Article (149/3) of the Criminal Act of 1991 as established in the evidences against him to which we pointed out after his adulthood is proved. If his adulthood has not been proven, the accused will be deemed juvenile and subject to the Child Act. I am therefore of the opinion, if my colleagues agree with me that to uphold the appeal judgment partially in respect of upholding the conviction and cancellation of the penalty along with returning the papers to trial court for the reconsideration of the penalty in light of the memorandum. Mohamed Abu Zaid Osman Supreme Court Judge 09/12/2006 Yousef Rahmat Allah Abu Quroon Supreme Court Judge 10/12/2006 Mohamed Ismail Saeed Supreme Court Judge 15/12/2006 FINAL ORDER: 1. Upholding the conviction of the accused under Article (149/3) of criminal Act. 2. Cancelling the prescribed penalty against him and returning papers to the trial court for the reconsideration of the penalty in light of the memorandum and then rendering the final decision. 3. Notifying the parties of the judgment. Mohamed Abu Zaid Osman Supreme Court Judge 09/12/2006