In the name of God the most gracious the most merciful
Supreme Court
Greater Darfur States Circuit
Criminal Circuit
Before:
Yaqoub Osman Bakira
Hashim Ibrahim Al Toum
Dr. Suleiman Mohamed Shayeb
Presiding Judge
Member
Member
No. 45/2018
Trial of Abdullah Idris Abakar Mohamed
Judgment
Ms. Abeer Abakar Mohamed Mahmoud who alleges that she is the sister of victim Nasreen,
the complainant to the Criminal Case, No. 41/2017 submitted before this circuit on
04/02/2018 a petition for examination challenging the judgment of South Darfur Court
issued under the memorandum No. 293/2017 which cancelled on 25/11/2017 the
judgment of Neyala Child Court issued in respect of the above case. The appeal court
ordered the Appeal Court to return the papers to the trial court in light of its memorandum.
The petitioner believes that the appeal court judgment violated justice, law and proper
conscience by reason, of the fact that the trial court verified the accused`s age and his
adulthood was proved as well, as the victim is 15 years where her consent does not change
the description of the crime and the defense has not pleaded the accused to be a child in the
preceding stages as his age exceeded 18 years. So, she seeks an intervention for the
cancellation of the appeal court judgment and keeping the trial court judgment.
The petition for examination has been submitted within the framework of powers vested in
this court under Article (188) of Criminal Procedures Act for 1991, with the satisfaction of
the requirements of this Article in terms of issuance of judicial arrangement before the
circuit of jurisdiction thereby requiring formal acceptance for the purpose of ensuring
integrity of procedures, validity of law application and realization of justice.
From the subject matter point of view the facts of the present criminal case as written in the
record of investigation conclude that on 13/07/2017 the above complainant lodged a report
with Neyala Police Section of Family & Child Protection under a petition authorized by the
Prosecution alleging that the accused Abdullah Idris Mohamed has sexually assaulted her
15 years old sister Nasreen (the victim) thereby causing her pregnancy.
In consideration of the premises, The Attorney General of Darfur Crimes indicted the 1st
accused Abdullah Idris Abakar under Article (45/b) of Child Act for 2010 and the 2 nd
accused Abdullah Ibrahim Arbab under Article (156) of Criminal Act for 1991 and referred
the papers to the court which has undertaken the non-summary trial proceedings and
rendered its judgment that has been cancelled by a decision from the appeal court the
subject of the appeal.