All the convicted individuals must pay, collectively or individually, a sum of one-thousand Pounds
to the plaintiff as compensation for the pain caused, and the payment should be collected by the
justice department, in accordance with article 198 of the Criminal Law Procedures. The confiscated
items must be delivered to the plaintiff. All knives and exhibited items should be confiscated by the
Sudan Government; all these orders were made on 26/11/2012.
On 28/11/2012, 29/11/2012 and 4/12/2012 leniency requests were made by the families of First,
Second, Third, Fourth, and the Sixth convicts seeking to lower the sentence, due to their family
circumstances.
On 9/12/2012 Lawyer Zeinab Hussain Muhammad filed an appeal on behalf of the Plaintiff to
compensate for the financial, moral and psychological pains; in the reasons of the request it was
claimed that the court ordered a compensation for pain that caused by the beating she endured. [the
request] added that the victim was subjected to a group rape, which caused her a lot of
psychological, physical and moral harm.
In form, I accept the leniency requests, restricted by article "188" of the Criminal Procedures law;
and I accept the appeal in formality, because it complies with the necessary conditions, according to
articles "183" and "184" of the same law.
As for the subject-matter of the request, the judgment under consideration is based on the Plaintiff
reported that at eight o'clock in the evening of the 18th of Ramadan month of 2012, the First Convict
met the plaintiff at Sabreen station, as she was coming from Omdurman Gardens. She was on her
way to her home in Al-Thaura Alhara No 61. As she was walking to her home she has been
confronted by the Convicted individuals, who assaulted her and stole her suitcase and the
documents inside it; they further ripped apart the trousers she was wearing; two of the convicts
raped her and the others helped to facilitate the attack. afterwards, the Police arrived and found the
Plaintiff in a bad condition.
The culprits managed to escape, but after a search, they were arrested on the same day. Following a
hearing by the First Level court the evidence judged above judgement, the examination requires
certainty to make sure that its conformity with law.
With regard of articles "12/26/175/142/149" of criminal law undoubtedly.
So that the procedures certain that the crime stronger than to be doubting.
Where the complainant assert, she stocked to rape, kidnapping, and pained by group of people. And
the medical report asserts what mentioned. Where medical report asserts that the hymen has been
eliminated recently, as it refers to a contusion in a head of front, The report of the criminal
laboratory confirmed the rape, Where the first witness who was with complainant at the time of
crime confirmed that he knows the culprits, and they caught her from her hands and her bag,
during that he left the victim to call the police, and when he did the found her laying on the ground,
and the culprits ran away, after saw the police, they found effects of wounds and her trouser and
underclothes were torn, and the first witness mentioned that he saw one of them holding a knife.
The statement confirmed that the convicts were caught in the crime because the traces of the crime
are still alive and their escaping evidence upon their crime. And the second witness mentioned that
they caught the convicted with violent resistance, and they admitted that they raped her, in addition
to that they found the complainant's phone with them. And the third witness confirmed what has
mentioned, moreover the third and fifth culprits admit by the crime, and the second raped her. And
the fifth convicted, admitted that he raped her with helping of others, and the second culprit raped
her. And that what the third culprit confirmed, and the first culprit took her phone and gave to me.
But they modified their opinions in the court and allege that they have been beaten by police. And
thus, the article "22/2” of the law of Evidence states that: