In the Nam of the Merciful God
National Supreme Court
In the presence of :
Hassan Abdelkrim Othman
Abdellatif Mohammad Al-Amin
Hashem Ibrahim Al-Toum
Trial of Mohammadien Yaacoub Omar
Communication No. 631/2016 was transmitted under article 136 of the 1991 Criminal Code. The
author, Adam Zakaria Adam (the plaintiff), against the aforementioned accused, for having
caused an abortion on his wife; before the judge of Mourni, who listened to all parties and issued
judgment GH/A/6/2017 in which the accused was acquitted.
This judgment did not satisfy the plaintiff's acquittal before the Appeal Court of Western Darfur,
which issued its appeal decision ASG/53/2017 on 16/7/2017 in favor of the judgment of the
inferior court and the rejection of the application.
The appellant sought for the Court to annul the lower court's decisions and issue an arrest
warrant against the accused because his three witnesses confirmed the incident and were present
during the quarrel between the accused and his wife, five months pregnant, and caused her to
He learned the verdict when he received a photo on 10/1/2018, then applied on 16/1/2018. The
application is in accordance with the Criminal Procedure Code of 1991 and the court has
jurisdiction under the procedures of Article 182; the petition is submitted within the time limits
provided for in Article 184, for which the request has been accepted.
After reviewing the minutes of the Court of First Instance and the Court of Appeal and all other
documents, it was determined that cows had entered the victim's farm and he chased them away.
The victim attempted to hit the accused with the stick that he was carrying and, as a result, the
witnesses intervened and stopped the quarrel.
The lower courts explained that the defendant's legitimate excuse was a legitimate right
enshrined in section 12 of the 1991 Criminal Code. The Court of Appeal is a court of law and