First:
Plaintiff did not submit the judicial evidence to prove that the accused have taken an amount of
SP 5000 from his pocket during the fight – except for the statement given by Zahra Bakheet
Hassan, the First accusation witness, who is the mother of complainant, which testimony shall
be ignored and shall not be considered as a valid legal foundation to convict the accused, as the
witness admitted that she is the mother of the complainant, accordingly; she is apparently an
interested party. The rules of Islamic Sharia Law deny the testimony if given by a party to the
dispute, any person who has prejudice in favor of or against one party, or a relative.
On the other side, and referring to the statements given by this witness, she did not define
which of the accused has specifically taken the money during the fight, however, it is
established by courts that a testimony of a witness shall be conclusive and definite and shall not
be based on doubt and presumption, hence, I confirm the decisions issued by the lower courts
and would announce that accused are innocent from the charge attributed to them under
section 180 Penal.
Second:
By referring to the papers, with regard to the injury suffered by the victim, the medical report
pointed out that, there is a loose upper tooth and a loose lower tooth, however, complainant
did not submit the medical treatment bills, did not request the Court to give him time to bring
such invoices and did not claim any financial compensation as a consequence for the offence,
therefore, the contested judgment was not contrary to the law, when it did not decide financial
compensation in these procedures.
Based on the above, I believe, if my colleagues agree, to uphold the contested judgment and to
reject the appeal.
Mr./ Musa Alneel Al Mukashfi
Judge at the Supreme Court
20/10/2014