I have no doubt that the Court of Appeal is a court of fact and a court of law, while this court is
limited to violating the law as referred to in article 182 of the Criminal Procedure Law of 1991 and
since the role assigned. We consider the violations of the law without interfering with the facts or
evidence or estimating the evidence and weight unless it is proved to us that there is an error in
accepting the evidence or that the extraction of the lower courts of the guide was not sound and
excessive, leading to unacceptable results, this is considered.
This is in violation of the law, which requires us to intervene in order to lift it. This view is supported
by the Supreme Court's ruling in the case code P / C / 1080/91 / contained the Judicial Judgments
Journal 1992 p.39.
In view of the statements made in the minutes of the trial, it is clear that the first and second accused,
at least, have been found guilty of a criminal offense, according to the first defendant.
Under the circumstances and circumstances of the quarrel and who participated in it and the
transferee that ended this quarrel, the criminal proceedings were taken on 3/7/2106 and the abortions
which the ignorance of the investigation began on 2 and 3/7/2016 according to indictment No. (1) 8
and indictment No. 2 (a).
In my estimation, under these circumstances, the doctor's testimony is not clear about the reason led
to the abortion and the stage of abortion and whether it is apparent or that the accused are aware of
the rope through the manifestations of the pregnant woman known to women and the fight that
stretched up the fence referred to by the indictment All these circumstances and circumstances
created the form of the Court of Appeal to intervene to cancel the verdict of innocence and we
support it in the presence of what will be called for a retrial and see that the request of the
distinguished professor premature.
In summary, We have agreed to go to the following:
Rejection of the application.
Abdul Latif Mohammed Al Amin
Judge of the Supreme Court
27/4/2018
Second opinion:
I agree
Hassan Abdul Karim Osman
Judge of the Supreme Court
3/5/2018
Third opinion:
I agree
Kassem Hamid Hussein Qassim
Judge of the Supreme Court
13/5/2018
Final judgement:
1 / The request is written off
Kassem Hamid Hussein Qassim
Judge of the Supreme Court
President of the circle
13/5/2018