National Supreme Court
Middle States and Algadarif
In front of:
Mr. Mustafa Abd algadir Awad alkareem
Mr. Musa Alneel Almokashfi
Mr. Alaraki Alrayah Aleleesh
M A / T G/ 93/2015
Khalid Abdalhameed Ali Algak and others
The lawyer: Hisham Muhammad Ahmed, the accused, represented the decision ASG/141/2015 of the
Court of the White Nile, which supported the General Criminal Court of the child which acquitted the
first accused and condemned the second convict under Article 45/G of the Child Act 2010, and
imposed a penalty of imprisonment for five years 13/11/2015, and a fine 5000. In case of nonpayments, the accused will be imprisoned for three years in a row and pay another fine of 2000
pounds to the victims' families for compensation and destruction of the evidence.
The lawyer concluded that the contested judgement violated the law and the evidence
presented, since the victim had re-adopted the name Omar (the first accused) and caused the
victim vagina wounds, according to the doctor who processed the release, which was
mentioned by the mother (Nahed Awadllah), who as present in the house. Meanwhile the
second convict was outside breaking the wall of the house.
There is a error in the ruling because it was based on the analysis of the criminal laboratories. There
was no blood or semen in the body of the victim because the culprit used his finger, which resulted in
the redness of the part surrounding the vagina. The document also did not prove that the semen
belonged to accused, because the cloths of the owner was either placed in a vehicle on the street
belonging to the brother of the first accused.
The courts did not abide by the conditions of accepting circumstantial evidence and did not abide by
its judgement. The lawyer is obliged to cancel the sentence and the acquittal of the convict firstly, and
consider that the appeal is acceptable formally, under article 184 A G G/14.
On the subject, the victim, aged 14 and a half, was sent by her mother to the home of their neighbor,
the first defendant to bring ice blocks. Upon her return, she asked her mother not to send her back to
fetch ice blocks, and after her mother inquired about the reason, she mentioned that the first accused
had abused her.
After the inspection, she found traces of blood in her clothes and ulcers in the entrance to the vagina.
She took her to the house of the victim and his family denied and swore at it. After gathering the
people, she told her family and called the doctor who confirmed the rape. After that she contacted the
victim's father and opened a report. The person who broke the wall also existed at the time of the
incident, and was arrested the next day. The first defendant said that he went to fetch the leash and left
it with the second defendant in the house. The second defendant said that he did not do anything with
her, and that he saw her leave crying and five minutes later the mother of the victim had come to the
accuser’s home. The second defensive witness Nahid, had come with her. After asking Aya, Adam
denied and mentioned that Omar the first accused has done this with her.