The National Federal Supreme Court
River Nile and North States Circuit
His Excellency: - Abdelaziz Fath AL Rahman Abdeen
His Excellency: -Mohammed Abdelrahman Mustafa
His Excellency: -Dr. Adlan Alhaj Mahmoud
The trial of Khalid Dawood Omer
N/ m. ein / f. j / 13/20167
The record of this case was presented upon the examination and request for inspection; application
submitted by advocate Alwaleed Abdullah on behalf the accused, asking for examination of the
documents of the complaint No / 24/2016.
In the beginning, my opinion is to subject the proceeding of the above trial to examination and
review in accordance with Section 188 of the Criminal Procedure Act.
The facts on which the conviction is based could be summarized that the accused hit the victim
many times on the face with a crystal bottle full of oil. This caused serious hurt as specified in
prosecution document No (1). The document reveals that there is an inflammation behind the left
ear and the patient could not move her neck. Furthermore, the victim could not swallow stuffs and
that resulted in sight deficiency. Moreover, a Medical Committee statement showing the degree of
deficiency in the eye sight to be 10 % was also submitted in court. In the light of this evidence, the
court decided to convict the accused under section (139) of the Criminal Law Code and punish the
convicted by condemning him to pay a fine of 1,000 pounds and serve a 2-month prison term.
The reasons on which the application is founded could be summarized in the following:
1) The second witness’ testimony is clear to the effect that the shortage in sight sense may
not be due to the accused’s act. This testimony constitutes reasonable doubt on the causation
of deficiency, and the rule is that doubt should be construed to the benefit of the accused in
2) The conviction should be under section 142 – as the hitting was for the purpose of
3) The complaint is initiated upon a clear bad motive, because the accused filed against the
compliant a family affair suit to resume the child custody.
Upon scrutinizing the papers, it is apparent from the evidence submitted in the trial that the
convicted hit the victim with a crystal bottle full of oil. This caused hurt to the victim in her
neck as confirmed by the medical report (prosecution document No 1). That ended in a
deficiency in eye sight amounting to 10% as per the medical committee report. There is no
doubt about the fact that the accused’s act was the direct cause of deficiency, since he is the
only person who hit the victim (child) on her face and neck with the crystal bottle containing