The National Supreme Court
Circle of Middle Estates and Algadarif
In front of gentlemen:
Mr. Mustafa Abdelgadir Awad Alkareem
Mr. Awad Alkareem Osman Muhammad
Mr. Tarig Aldow Ayoub
No. M A/T G/89/G/2015
Omer Abd Allah Yahia Abd Allah
Mr. Abdelazim Gismallah, on behalf of the appellant, filed an appeal against the decision of appeal for
Gadarif, A SM /59/2015. This supported the judgement of Gadarif Court, which condemned the court.
The Criminal Court of the Child - Gadaref, which convicted the appellant under Article 45 /G/ of the
Children's Act 2010, was sentenced to five years in prison. Since his entering the police escort,
29/11/2014, his penalty is 2000 pounds. If it is not paid, he will be for six months consequently. The
lawyer sees the contested judgment as contrary to the law as a matter of purity, and application.
The medical exam established that there was no sexual aggression. Defense witnesses were not
discussed, as the defense also did not provide evidence. The witness, Nammat, did not enter the house
of the complainant and did not bring the victim.
The defense witness left the defendant in the bathroom to prepare for Friday prayers and at their
arrival, they found him at home with Abdel Ghani and the brother of the accused. The plaintiff didn’t
file the complaint and also didn’t present the cloths on which the sperm was to be examined on. In
addition to this, the wound cited in the medical report was not inside the rectum.
The complainant contradicted her words with the victim which means there is no material or
circumstantial evidence to support the accusation. The lawyer also seeks to cancel the contested
judgment, abolishing communication against the accused and to release him.
Firstly: We consider the appeal acceptable in form, to satisfy the conditions for acceptance under
Basamat, who is a seven year old girl, said that the neighbors had sent her to her neighbor, Nimat, to
bring her with her, but on the way she met the convicted man who took his clothes off, then her
clothes off, and performed appropriate and harmful acts on her. He then threatened her by saying if
she told her mother, he would kill her. The next day, the mother was cleaning and found evidence of a
sticky substance, of which she then asked Basmat about. Basmat told her mother that Omar had done
inappropriate things to her. The mother immediately went to Omar and asked him to come to her
house, where she asked him about what her daughter had said. Omar then denied everything, which
caused a brawl between the mother and Omar.
She went on to file a report against him, in which Basmat was subjected to a medical examination.
The medical report showed that there was there was a wound in the anus. This indicated that the
practice of anal sex. The convict swore that he was guilty of doing this to Basamat. Some of the