In the Name of Allah, The Merciful
Supreme court
Department of Greater Darfur States
(Department of Criminal)
Before:
Qassim Hamid Hussein Qassim
Hassan Abdul Karim Osman
Abdullatif Mohammed Alamin

President
Member
Member

Trial: Najwa Ahmed Issa and others
GC / 56/2018
Judgment
First Opinion:
In accordance with the trial No. 98/2017, the crimes of Al-Fashir Municipality were submitted for
trial under Articles 135/142 of the Criminal law of 1991 in accordance with the decision of referral
from the Public Prosecution to the judge of the said court. After hearing all the parties concluded a
judgment on 19/10/2018 acquitted acquittal Square of the accused and their release.
This judgment did not receive support when it appealed to the Court of Appeal of North Darfur State,
which concluded a decision to revoke the acquittal order and return the papers to the trial court to
proceed with the trial in accordance with its Memorandum of Appeal No. 237/2017 dated 4/12/2016.
Against this accused judiciary and through their lawyers, Mr. Munir Mohammed Khater, lawyer and
notary of contracts submitted this request as an application for examination under Article 188 of the
law of Criminal Procedure of 1991 the rest of the confirmation of the safety of the proceedings
because the judgment was contrary to the law and based on an unfavorable conclusion in the safety of
the reasons of his leg Professor in his request, which can be summarized in the following:
The district court of the Court of Appeal has based on the inadmissibility of charging the accused
under articles 142/139 of the Criminal law for the total testimony of witnesses that the accused did
not beat the complainant and based on the precedent of Suleiman Hassan Koko.
The court of the subject was acquitted of the charge under article 136 and exercised its authority to
amend the article of articles 142/135 of the Criminal law, which is more capable of adapting and
weighing evidence than the Court of Appeal. Article 136 of the Criminal law requires that a
complainant's pregnancy be established in order to establish the offense of abortion,
- The case law has been established that the presumption of knowledge of the result is not found in
the law and the professor in general sought to overturn the ruling of the Court of Appeal and keep the
judgment of the court of the subject to acquit the accused of the charges attributed to them.
We accept the request of our authority in the provision of Article 188 of the Code of Criminal
Procedure of 1991 in order to ascertain the validity and safety of the proceedings and their conformity
with the law in order to achieve justice.

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