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.