In the name of God the most gracious the most merciful
NATIONAL SUPREME COURT
Babiker Mohamed Babiker Al Tenay
Shawqi Osman Ahmed
Derar Yousef Sayed Ahmed
Trial of Al Fatih Ahmed Mohamed Hussain
Khartoum North Appeal Court adjudicated to cancel the appeal filed vide No.1184
challenging the decision of the General Child Court dismissing the petition submitted by the
appellant who has been found guilty in the case procedures as he addressed the Medical
Commissioner for estimating his ages by reason of exceeding seventy years of age.
The respondent was notified of the appeal judgment on 24/11/2916 and his appeal in
cassation was brought forward before this Court on 30/11/2016 satisfying the legal period
contained in Article (184) of the Criminal Procedures Act and was therefore acceptable
IN THE SUBJECT MATTER
The appellant who faces a charge under Article (45/C) of the Child Act for 2010, has filed a
request for referring him to the Medical Commissioner so as to estimate his age. Since the
Court has dismissed such request, he applied for an examination before the Appeal Court
which adjudicated to cancel it in the manner hereinabove referred to. As such, the present
appeal in cassation has therefore been filed.
IN THE REASONS
The appellant`s attorney recounts on the ground of his request that he submitted such
request at the preliminary stages before the Court of First Instance after the conviction has
been completed under Article (45/b) of the law to the contrary of whatsoever mentioned by
the Appeal Court which should have accepted the request because justice declines the
remaining of a person in prison after he reaches the seventy years of age whereby the
arrangement prescribed for old men should have to be made in his respect.
He concludes claiming for a reasonable decision.
The background of the case explains that the Trial Court convicted the accused under
Article (45/b) and sentenced him to 10 years imprisonment as from 27/02/2016 under its
judgment delivered on 07/02/2016.