In the name of Allah, Most Gracious, Most Merciful
The National High Court
Criminal Circuit
Before:
Ambli Babiker Ahmed

Chairperson

Dr. Mohamed Abu Zaid Osman

Member

Salah Elsharif

Member
Trial of Abu Bakr Mohamed Mahgoub

No. HC/R/C/272/2016 J (1)
The Judgment
The Accused Abu Bakr Mohamed Mahgoub Alhaj was taken to trail before the Child Court in
Omdurman in the Case: R C/ 124/2016 due to sexually harassing the Child Sayda aged 3
years, in contravention of the provision of Article 45/C of the Child Act, 2010. The Trial
Court heard the statements of the Complainant then the statement of the investigator. It heard
the Claimant's evidences. After reciting the charge to the accused, the Court heard the
Defense evidences and concluded to consider the accused as innocent, based on the statement
that what was contained in the Physician's report about the condition of the victim. The
Physicians report stated that there was redness which could be due to many causes among
friction or an attempt of sexual harassment. There was ambiguity and some doubts in the
report of the Physician and that the doubt can be interpreted in favor of the accused.
That was what the Trial Court proceedings contained and decided the exoneration and release
of the Accused.
The Complainant did not accept the judgment of the Trial Court. So, he submitted an appeal
to the Omdurman Court of Appeal, which issued its decision No. APPC/1256/2016 ordering
revocation of the trial court judgment and return of the papers to court, in order to summon
the Report issuing Physician on the condition of the victim to make the ambiguity in his
report clear regarding the presence of redness round her vagina.

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