We are therefore of the opinion that the conviction should be amended as to be under Article (151) of the Criminal Act along with the amendment of the penalty to 40 lashes and imprisonment for a period of one year with effect from 23/12/2012 Al Rasheed Al Tom Mohamed Khair Supreme Court Judge 13/06/2013 I agree with my colleague Al Rasheed Al Tom in terms of reasons and result. I, however, add that Bahri & East Nile Appeal Court still adheres to a wrong interpretation of the provision of Article (4) of Child Act for 2010 in view of the fact that whoever has not attained 12 years of age is a child and should operate the proviso of the same nevertheless the Supreme Court interpreted this provision and by virtue of the Child Act itself the reference of which in terms of application and interpretation is the Beijing Rules that whoever completed 15 years of his age and on whom the adulthood signs have appeared is a juvenile and not a child as every child is juvenile and every juvenile is not a child. In both cases welfare and correction measures are to be decided in view of the fact that the criminal responsibility of whoever attained adulthood is incomplete unless he commits an offence requiring a prescribed Sharia penalty of Qisas. At the same time, the responsibility will be non-criminal if the consent has an effect on its determination and legal characterization. The consent of whoever completed 15 years of his age and on whom adulthood signs appeared shall be relied upon. In such event the Appeal Court should adhere to these provisions and to act accordingly particularly the opinion of the supreme Court with respect of its judgments which has previously been raised in the constitutional case No. 216/2010 concerning the trial of GABR ALI FARAJ EDAM where the criminal responsibility of the accused was decided despite that fact he attained 15 years of his age and obviously the prescribed penalty cannot be applied. Khalid Al Tayeb Khalid Baldo Supreme Court Judge 17/06/2013 Mahgoub Al Amin Al Faki Supreme Court Judge 16/06/2013 FINAL ORDER: 1. The conviction shall be amended as to be under Article (151/1) of Criminal Act. 2. Penalty of imprisonment shall be mended to one year in prison as from 23/12/2012 and 40 lashes. Mahgoub Al Amin Al Faki Supreme Court Judge 16/06/2013