The act was done by a finger into the vulva of the minor, as stated by the minor – They also
had sexual intercourse when they came back to Sudan
The Trial Court sees that there is a doubt that must have been interpreted in favor of the
accused. The judgment of the Court of Appeal concluded to approve the judgment of the Trial
Court.
After reviewing the statement of claim, I see the act of the accused which was recorded as per
the report filed in Sudan. It is clear to me through the statements of the Claimant's witnesses,
the Complainant and questioning of the accused, that there was an acute dispute within the
family between the accused, his wife, with the Complainant on one hand and the accused and
his children on the other hand. These disputes are so complicated that it was difficult to
believe the statements of the Claimant's witnesses who are basically the children and the
accused and the Complainant's sister. Based on the evidence stated above, and according to
the provisions of Articles 33 and 34 of the Evidence Law, the statements of these witnesses
cannot be reliable, as the medical report did not state effects of sexual intercourse, and the
removal of hymen, cannot be evidence that it was the accused who committed the act.
To sum up and pursuant to the legal principle on innocence, I see that the evidences provided
by Claimant cannot be a basis for conviction. Therefore, I see that the request of medical
examination is to be dropped.
Assistance is sought from Allah
Signed
Ahmed Mahboob Abdullah
Judge of the High Court
30/04/2017
After reviewing, I see that I agree with the colleague Mahboob in terms of causes and results.
Ahmed Abdulmutaleb Ahmed
Judge of the high Court
09/05/2017
(Signed)
Mohamed Ahmed Ibrahim
Judge of the High Court
15/03/2017
The request for medical examination is to be dropped
Signed
Ahmed Mahboob Abdullah
Judge of the High Court
Chief of the Circuit