In the Name of God the Most Gracious The most Merciful
NATIONAL SUPREME COURT
Awad Hassan Awad
Dr. Mohamed Abu Zaid Osman
Salah Al Sharif
TRIAL OF HISHAM HASSAN NOOR AL DAIEM
No. 273/2016 - 1st Circuit
Khartoum Child Criminal Court has delivered under non-summary trial proceedings No. 123/2016
a judgment convicting the accused Hisham Hassan Noor Al Daiem under Article (45/c) of Child
Act for 2010 and sentencing him to two years in prison with effect from 22/09/2016 along with a
fine of two thousand pounds to be collected under Article (198) of Criminal Procedures Act or
1991 and ordered, in event of payment, to pay out of such fine a sum of one thousand to the victim
as a compensation.
Such judgment was appealed before Khartoum Appeal Court which upheld the appealed judgment
and cancelled the appeal under its adjudication No. 1754/2016.
Mr. Taj El Sir Babiker Saeed on behalf of the convict has brought forward before us this appeal in
cassation which we formally accept it so as to be submitted within the legally prescribed time
frame. He provided reasons for his appeal in cassation that the prosecuting authority failed to
provide sufficient evidences that may convict the accused beyond the phase of reasonable doubt.
The defence brought three witnesses who proved absence of the accused at the time of occurrence
of the incident. The lower courts have not discussed the statements of such witnesses. The
conclusion which the court has drawn from the precedents were unhelpful. The direct evidence
supports the truth of assertion and does not support evidentiary hearing. Also, the victim stated that
the convict asked her for a massage to which she responded instead of escaping and seek rescue
particularly she was 16 years old. Such statement does not agree with logic and reasoning as she
has lodged a complaint only on the third day.Finally, he claimed for cancellation of the contested
The facts conclude that the accused was brought forward for trial for the reason of having sexually
harassed the victim.
In pursuance of the perusal of papers, I wish to point out that the standard of evidence in sexual
crimes against children is completely different from the standard of evidence in other criminal
offences in general. This is what has been usually adopted by the judiciary. The reason for this may
be attributed to the nature of crime committed against children which are classified as sexual and
sexual harassment crimes as such crimes are committed against children who lack ability, proper
acting and self-defense as well as the crime takes place in secrecy.
In consideration of the premises, any evidence whatsoever support the victimized child`s.
statements. In the present case, there are many evidences that support the victim`s statements that
the convict was the one who sexually harassed her. There is a prosecuting exhibit (1) being a
medical report on the condition of the victim, which deemed to be the strongest evidence that