criminal law, which recently appeared threatened security and peace in the society by gangs,
relies on strong youth that must be employed for the growth of home.
And what stopping me firstly, that I notice earlier that the court judged the convicts under
Article 149 of law, otherwise convicted other culprits with (25/27/B22) without adding the
instigator of crime, in the light of the punishment is determined, according to article25/2_
besides Court all condemned the defendants under articles 12/ (174/175) of law, as well as
under article21/142 while the charge form included defendants ( Anas/ Musa/Sabri) they are the
first, second, and third, and rest of culprits inside, And it was limited on articles (21/ 175" "193"
"65" "149")of law x without rest articles that appeared in the decision which are(26"25/2B/174)
Although the determination of guilt which violates procedural assets,. The truth
after the broad evidence, that this criminal gang, observe the victim, in isolated place where
they are observing the victims, and execution of their criminal scheme, with their all
participation, they all participate everyone with his individual plan, to execute their criminal plan,
and not important for the purpose of criminal responsibility to detail the role of each one separately.
Accordingly; it proven that some of convicts rapped the victim according to their criminal plan, so
that all the convicts are responsible for what happened, without mentioning any exceptions
according to the rules of criminal participation, under article (21) of criminal law. Note that the
sanctions are weak and soft, so I see the abolition of all the measures
prescribed in this court, returned all the papers to the court to redirect the charges under articles
21(149,174, 175, 65,139,182). And to consider accordingly, and the compensation should
be commensurate with what was committed against the complainant, as well as that she
violated her virginity, and this is the maximum harm caused by this crime.
Signature of:
Dirar Yousif Seid Ahmed
Seal of:
The president of Appeal Tribunal _Omdurman
31/12/2012
With respect to my colleague who had the first opinion, but I agree with the second opinion,
in addition to that the trial court did not condemn with all the charges, And the trial court
must decide the penalty is determined according to the gravity of the offense and the importance of
deterrence, as well as the trial court must consider the matter of compensation for the
victim after the physical, and psychological pain, that couldn't be forgotten easily.
Signature of:
Allan Elhag Mahmoud
Seal of:
President of Appeal Tribunal _ Omdurman
18/1/2013
Final Order:
* Cancel all the judgements
* Return the peppers to the court to work as mentioned in the notice
Signature of:
Allan Elhag Mahmoud
Seal of:
President of Appeal Tribunal _ Omdurman
Circle Chief
18/1/2013