Ibrahim Mohammed Alamki
Supreme Court Judge
14/42015
Mohammed Abu-Bakr Mahmoud
Supreme Court Judge
15l4l2015

I concur to my colleague Ibrahim Almaki but on the following reasons.
Firstly;
In my contention, the medical report on the age estimation is tainted with obvious ambiguity
represented in the following;
1-the signs of maturity shown on the convicted were only two signs (Hand junction and
sexual organ hear). It is legally noted that the Islamic Jurists were in contradiction regarding
the exclusive signs of maturity – to decide conclusively that the person reached the age of
maturity.
Secondly: The report drafted by the doctor Yousif stated the convicted age to be between 18- and 20
years. Its provided for in the Juvenile Law Act, 2010 that the immature child age shall not
exceed 18 years. Hence the immature child under the law is child under 18 years and the
mature one is of the age above 18. The report did not conclusively decide that the child age
is above 18 in fact or not. The general estimation is not enough to ground the saying that
child is under 18 or above. in such a situation it’s a must that the doctor should be
summoned to testify before the court according to the provision of section 30 of the Law of
evidence 1994 read with section 31-32 of the same Law.
Thirdly;
The definite determination of the accused age will determine the competent court and
whether it should be the court of Juvenile or the Criminal Court and likewise the applicable
law whether it should be the criminal Law Act or the Juvenile Law Act. With standing the
definition of mature and immature person under the Juvenile Law, it worth saying once
again that the Juvenile law define the mature and immature child by being over 18 for the
first and under 18 for the latter while the Criminal Law define the mature child with
reference to the appearance of natural signs of maturity. However, the law did not specify
these signs or telling how many these signs are, the law never defined the exclusivity of the
signs that reflects the probability of maturity. Even the Islamic jurists we controversial on
interoperating the word (maturity) as will on the number and kind of signs upon which it
could be determined without doubt that the person is or is not mature. The jurists are on
different opinion according to the juristic point of view in each religious sector. Some Jurists
say its three signs others say its five or even seven bearing in mind whether the concerned
child is a male or female. Also, there is contradiction between the Islamic Jurists about the
probable age required to the appearance of the maturity signs themselves. Some of the jurist
adopted the age of 12, some 15, and other think the age to be 18,19 or even 20 –for the signs
to appear.
It should more over be noted that all the crime and punishments stated in the Juvenile Law
Act are promulgated under special provisions they are discretionary in nature and not like

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