The convict`s attorney appealed the decisions that was issued in respect of both the conviction and penalty before Omdurman Appeal Court which adjudicated on the case No. 632/2006 upholding the conviction and the penalty of lashes along with mitigating the imprisonment penalty as to be three years as from 11/03/2006. The convict`s attorney requested for the examination of his client`s trial proceedings. He narrated the details of the trial proceedings until the decisions on the conviction and penalty were delivered by the trial court. He provided in the examination request reasons which I can summarize as follows: (1) The proceeding of the trial were undertaken in a quick manner thereby depriving the convict of seeking the assistance of a lawyer. (2) All the evidences which have been listened to were the statements of the complainant and the victim along with the medical report which had not specified the date of the hymen damage. (3) The attorney said that the convict was medically examined by the medical commission. He was 12 years of age and may benefit from the measures set out in the provision of Article (47) of Criminal Act for 1991. His imprisonment with hardened criminals would not achieve the object of the penalty. (4) No evidence was found against his client for committing the incident the object of the offence. Based on these reasons he requested for cancellation of the penalty and conviction together with the quittance of the convict. We accept the request for the examination in pursuance to the provision of Article (188) of Criminal Act for 1991. In the subject matter: the narration of the victim was in compliance with the complainant’s story. Subject to the convict`s admission, he was present near the victim while she was sleeping. The doctor`s report was clear in terms of the victim`s hymen damage along with existence of recent bruises and lesions thereby meaning performance of sexual intercourse as apparently contained in para (d) of the report. In consideration of the premises, the accused`s conviction under Article (149/3) of criminal Act for 1991 is valid and proved to be beyond the phase of reasonable doubt. The age estimation certificate attached to the examination request submitted by the convict`s attorney despite we being convinced that such certificate does not affirm the truth of the convict’s age conclusively.