In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Department of Personal Status
Headed by the Honourable judges:
Ambali Babiker Ahmed ……. Chairman
Abir Al Mahi Abdul Rahman … Member
Taj Al Sir Othman Abdul Ghadir … Member
Dr. Adlan Al Haj Mahmoud … Member
Ibrahim Mohammed Hamdan … member
Trial of: Mozamil Al Tayeb Mahmoud Widaa
Number: M.A/T.J./155/2017
Review: 264/2017
The Judgment
This is a request for review presented on 18/5/2017 to review the judgment of the National
Supreme Court, the Division of the Red Sea and kassallah number (M.A.T.J./155/J.H./2016)
issued on 30/8/2016 and stating to revoke the judgment issued by the appeal court which stated
the return of the procedures for review by the Criminal Court and to support the criminal
judgment issued by the Judge of the subject matter and there are no grounds to intervene, the
application was accepted by the Honourable Deputy of the Judiciary who is authorized under
article 188/A of the Criminal Procedures Act for the year 1991 who issued to notify the reviewed
against and his response was filed along with the request.
The facts of the criminal claim are summarized in that the applicant notified the Child and
Family Protection Division that his 16 years old sister was raped by the accused and after
concluding the necessary investigation and the report was forwarded to the court and after the
hearings of the criminal claim her judgment was issued on 7/2/2017 to convict the accused under
article 45/J of the Child Act for the year 2010 and to penalize him under article 86/(1) Z by
imprisonment for a period of 5 years starting from 4/1/2016 and to pay a fee of 3 thousand
pounds or imprisonment for a year with these penalties running consecutively. And on 29/3/2016
and under appeal number (177/2016) the appeal court rejected the indictment and penalty along
with an order to return the case’s documents to the its court to follow the producers on the face
of the memorandum.
Following the return of the case’s document to the court of the first instance and following the
proper procedures the accused was indicted under article 45/B of the mentioned Child Act and
penalized the accused by imprisonment for a period of 20 years as of 4/1/2016 and a fee of 3
thousand pounds or imprisonment for a period of 1 year and that these penalties should run
consecutively and to forward the case’s documents to the Supreme Court for approval under her
appeal number (403/2016) dated 26/6/2016. The judgment was issued to the effect of rejecting
the appealed judgment and an order to return the case’s documents to the court to follow the