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

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