National Supreme Court
Circuit of Red Sea and Kasala States
H.E./ Abdulraouf Hassab Allah …………. President.
H.E./ Ibrahim Mohammed Almaki…. Member
H.E./ Ibrahim Mohammed Hamdan…Member
Trial of: Nasrelddin Mohammed Al-Sheikh
This is an appeal for cassation submitted by Attorney/Maaz Hassen Bakheet on behalf of the convict in
trial no GH A/75/2014 on13/8/2014, where he was convicted under Article (45) of the Juvenile Code
and was sentenced under Article (86) to 5 years in prison and a fine of 500 pounds, and in case of failure
to pay, he serves 2 months in prison to be spent consecutively, and which was upheld by the ruling in
appeal ASG/183/2014 on 28/8/2014, altering the imprisonment term to be 3 years as of 2/1/2014, with
the fine upheld along with the other orders.
The appeal is summed up in the following points;
The conviction was based on the testimony by the prosecutor’s third witness, that had no ground
according to the rules of proof, as regards the assessment and significance of the evidence. It was
doubted because the facts ascertained by the investigator were that the room where the witness alleged,
he had seen the accused and the victim in was too dark to allow seeing what was inside, despite his
attempt to justify that by saying there were some holes in the wall through which he could see what was
going on inside. The records and the evidence refuted the existence of such holes, causing the witness’s
testimony to be rejected, and interpreting the doubt in favor of the plaintiff.
The rejection of the evidence given by this only and direct witness leaves no ground to support the
statement by the victim, as the other evidence is that of the medical report, prosecution document no (1),
which is also rejected as it contradicts the (statements by the victim herself) who stated that the accused
ejaculated between her thighs and not inside her vagina, and it is known that that is far from the vagina,
making it illogical that the sperm could reach her vagina, which is only possible through intercourse
which the victim denied had happened, raising doubt about her allegations.