In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Department of the Red Sea and Kassallah
Port Sudan
Headed by the Honourable Judges:
Mr. Abdul Raouf Hassab Allah Malassi …. Chairman
Mr. Ibrahim Mohammed Al Faki …. Member
Mr. Ibrahim Mohammed Hamdan …. Member
Trial of: Othman Ahmed Tawur
M.A/T. J/2/2015
The Judgment:
First Opinion:
This request is presented by Ms. Aisha Ahmed Mohammed, lawyer, on behalf of her client the
plaintiff in trial number: M.J/G.A/173/2014, where the accused was sentenced under article (45)
Paragraph (B) of the Child Law of 2010 to life imprisonment with a fine. The Appeal Court
modified the judgment and passed a sentence by virtue of A.S.J/185/2014 paragraph (J) of article
(45) which could go up to imprisonment for a period not exceeding 15 years with a fine.
The request is filed against the appeal judgment according to the following points:
First:
Although the criminal law for 2010 did not define the phrase “Rape” stated in the text of article
(45) paragraph (B), the same law for the year 1991 defined “Adultery” as the act of “inserting the
tip of the male member or the equivalent of the same into the female’s vagina” which is regarded
in the case in front of us as “an act of adultery”.
Second:
The victim stated that the accused had entered the tip of his male member into her vagina and the
medical report had established the existence of semen on the outer parts of her reproductive
organs and the medical report states the “Hymenotomy’. The victim’s sister also states that she
“witnessed the act of rape”. According to what is established on precedent cases, the statements
of the victim are accepted “as long as they are supported by other evidence”, in accordance with
the theory that “the graveness of the crime” and the caution of the criminal in performing the
crime usually without anyone’s knowledge, implies the importance of accepting the statements
of the “victim”, as long as these statements are proven by evidence relating to president cases.
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