National Supreme Court
H.E. Hashim Abdullah Mohammed……………. President.
H.E. Yahya Fadul Mohammed Fadul………… Member
H.E. Mohammed Mostafa Hammed……………. Member
Trial of; Mohammed Abdullah Said and others
No. M A/ F G/H8/2015
In a non-summarily trial under the number G I/17/2013, The court of the Municipality of
Malleet convicted the above-mentioned persons; Adam Abdullah Fadluseed Ibrahim Zakaria
Ahmed Omer, under Article 49/2 of the Criminal Code, and sentenced each to seven years as of
the date they were detained on 6/5/2013 with the addition of one hundred lashes.
The two convicted persons presented a petition of appeal against the ruling where the
Court of Appeal in North Dar fur issued decision no A S G/100/2013 ordering the cancellation of
the appeal pro forma as it was submitted after the passing of the time limit determined by law.
Now, lawyer Moneer Mohammed Khatirr submitted the attached examination request on
behalf of the convicts which we accept pro forma as it is void of a time limit.
Regarding the subject, the reasons for examination are summed up in that there was no
solid evidence for the conviction of the two persons, and that what was mentioned in the Medical
report that the plaintiff’s hymen had been removed a long time earlier does not firmly lead to the
conviction of the two accused, besides, the circumstantial evidences in the reasons for conviction
does not lead to convicting the two accused men.
Finally, the lawyer presenting the examination plea requests that his request be accepted
and that a suitable ruling be issued.
Having seen all the relevant documents and the ruling that was appealed against, we find
that the Court of Appeal decided to cancel the appeal for having been presented outside the time
limit, and that it did not intervene by exercising the authorizations confided to it under Article
188 of the Criminal Procedures Code and examine the procedures. It is quite known that the
authority to examine is an unprompted one that the Court of Appeal can exercise, be it by its own
discretion or in response to a plea presented to it. Choosing not to exercise that discretional