On 16/05/2013, Ms. Hanan Al Tom filed the present appeal in cassation petition and delivered a copy of the Appeal Court judgment to the convict`s attorney. We are therefore of the opinion of accepting the appeal in cassation. Some people believe that the Child Act is the special law which restricts the general, whereas the Supreme Court was of the opinion, as part of its recent judgments, that the provision of Article (3) of Criminal Act should be applied which defined adulthood by appearance of physical signs and attainment of 15 years of age making the Sharia provision to prevail over the provision of Child Act. This is because in event of difference and contradiction the Sharia Provision prevails over the other provisions under Article (5) of Sudan Transitional Constitution and the Judgment Rule Law. Sharia is the main source of law in Sudan and we believe that it is the time for the legislator to take up the Child Act for removing such contradiction upon conducting the medical examination from the beginning so as to determine the age of both parties and the physical adulthood signs and hence the legal bodies will get rid of such contradiction. THIRDLY: In consideration of the premises, we are of the opinion that the said girl and we do not say the victim because she was an adult girl evidenced by her menstrual cycle prior to the sexual intercourse and pregnancy exceeding as evident of the age of 15 years as well as she was satisfied as seen from her pregnancy and acts. The 3rd prosecution witness stated that the girl in question told her that the convict slept with her and when she inquired about the matter the girl laughed as well as her brother the complainant explained before the court that she did not complain to him about the convict`s sexual intercourse with her. All these are clear and conclusive evidences which mean agreement and consent only. Since the Prosecution failed to bring her forward for trial under Article (146) of the Criminal Act, the trial court and appeal courts have no powers in implicating her as an accused or returning the case to the Prosecution for implicating her as an accused due to lack of the legal document for the same. With regard to the convict, he had according to his admission two wives and therefore was married nevertheless the legislator laid down for the adultery offence specific conditions and evidences for proving it. This, however, does not mean that the accused will not be accountable for his act. He was sentenced in such event to not more than 40 lashes with imprisonment or a fine.