In the name of God, the Merciful
White Nile State Court of Appeal
Adel al-Hussein Haj Hamad Appeals Judge President
Abu Sufyan Mohammad Youssef Appeal Judge Member
Youssef Ishak Ahmad Member Appeal Judge
Trial of Hamid Hassan Ismail and others
No. A S G/289/2018
On 11/3/2018, the first-instance judge of the Kanana Municipal Criminal Court
decided in the case GH / 5/2518 in communication 407/2017 pursuant to article
149/21 of the Code and sentenced Hamid Hassan Ismail, Yasein Adam Abdullah and
Abu Algasim Mohammad Ali three years imprisonment from 28/1/2018 and one
hundred lashes for each of them. In addition, you must pay the sum of 15,000 pounds
in compensation to the victim individually or in groups.
The lawyer Mohammad Yagub Mohammad presented on 19/3/2018. The request was
accepted because he presented it during the legitimate period according to Article 148
of the Code of Criminal Procedure of 1991.
The reasons for the call:
Counsel submits that the Court erred in applying the law because it adopted in its
decision the statements of the victim, which had been brought to the attention of the
prosecution witnesses. It was also stated that the Court had attempted to link nonjudicial recognition to circumstantial statements. He requested the annulment of the
criminal proceedings against the accused and their release.
On 18/5/2017, the Appellant stated that the accused had raped her and caused her
harm by migrating south.
The criminal proceedings were subsequently initiated, and the court heard the
appellant and questioned the accused. They were charged under Article (149/21) of
the 1991 Criminal Code. The defense representative denied all the above. They then
heard the defendant and made the appeal decision.