In the name of God the most gracious the most merciful

NATIONAL SUPREME COURT
Central States & Gadarif Circuit

Before:
Abdel Raheem Abdulwahab Altuhami

Head

Mohamed Al Tirifi Mohamed

Member

Alwa Ali Sarbel

Member

No. 204/2014
Criminal Circuit

TRIAL
Abdulla Obaid Mohamed Ahmed

Memorandum

This is an objection by way of Cassation against the judgment issued by Al Gezira State Court of Appeal,
as per its pleading No.: 25/2014, which decided to cancel the review application submitted by the
advocate/ Abdul Aziz Mohamed Saeed, on behalf of the victim’s guardian(lamia Musa Dafaala) who has
accused Abdulla Obaid for practicing sex with the victim who got pregnant contrary to Sharia Law. The
accused appeared before the Child Court at Madani and after hearing accusation evidence, the court
decided that accused is innocent, as there are no evidences that connect the accused to the charge
attributed to him. The Court of Appeal has upheld this judgment. The guardian of the victim has
submitted an objection.
The objection was submitted within the legal time; therefore, it is admitted in form.
As to its subject, the guardian of the victim states in his objection pleading that, the criminal case he
submitted against accused was not sufficiently investigated, and that the performance of the police,
public prosecution, child prosecution and the lawyers were weak and prevented the right of the victim
in a fair trial. After he showed his anger to all prosecution bodies, he stated that, the evidence of the
case, mentioning the victim’s statement, the second accusation witness (Sara) statement and the third
accusation witness (Mahdi) statement. As to the addition made by the advocate, which had taken most
parts of the pleading, it was mere nonsense, a fight upon whether the victim had or had not reach the
age of puberty, which was concluded by the fact that the victim is a child, whose consent cannot be
counted, pursuant to the Child Act 2010 and has omitted the crucial question relating to whether

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