In the name of Allah, Most Gracious, Most Merciful
The Federal Supreme Court
Criminal Circuit
Before their Excellencies:
Ambeely Babikir Ahmed
Abeer Almahy Abdelrahman
Abdallah Abdulrahman Mohammed

President
Member
Member

The Trail of Omer Alfaroug Saif aldien & other
No / m.ein /t. j /8 /2016 / First Circuit
Judgment
Omdurman Juvenile Court convicted the accused Omer Alfaroug Saif-Eldeen under section 45/ B of
the Juvenile law ,2010. The court has inflicted on the convicted imprisonment for (20) years to
commence as from 6/9/2016. The court also convicted the second accused Rehab Hassan Ali under
session 76 – 144 of the Criminal law 1991 imposing on her a fine of 3000 (three thousand Sudanese
Pound and in case of failure to pay with imprisonment of 6 months for the infringement of section 76.
The court imposed on the second accused also a fine of 1000 (one thousand Sudanese Pound and in
case of failure to pay an imprisonment of 3 months for infringing section 144 of the Criminal law. The
punishment shall run sequentially.
The convicted has raised by their lawyer an appeal to the court of appeal against the Court of First
Instance judgment. The Omdurman court of appeal in its memo No /1773 /2016 ruled cancelation of
the conviction and the punishment passed against the two accused and ordered their release.
Advocate Alsir Abdullah Daraj, lawyer for the complainant filed an objection before the Federal
Supreme Court, alleging that the appeal court judgment is against the law and is a wrong application
of the same. The reasoning for that was stated by the said lawyer to be that, the evidence of the
underage victim is admissible as evidence in sexual crimes. He also alleged the prosecution submitted
other evidence namely the complainant statement and the two-prosecution witness statement and this
evidence was corroborated the victim statement.
He also continues to state (it’s not true that there is contradiction in the prosecution two witness
testimony and it worth noting that the court talking about the possibility of enmity & bias in the
statement is not accurate or supported) He finally applied for the quashing of the court of appeal
decision and upholding the court of First Instance ruling.
The facts of the case are that the victim is the sister of the first convicted accused and is the daughter
of the second convicted accused. The victim and her brothers Jareer and Alfarzdag as well as her
mother the second convicted accused were living at Madani. The victim later shifted to Omdurman
together with her two brothers (Jareer and Alfarzdag) the prosecution witnesses to live with her father
who was separated from her mother.
The father came to notice that the victim is always straying and use to stem from sleep panic at night.
The father upon asking the victim, she told him that her brother the first accused raped her while she
was domicile at Madani and he is accustomed to do this act for more than once. She told her father
that she had told her mother. Her mother did not believe her and threatened that she would kill her if
she told her father. According to this victim version, her father filed this criminal suit. As a matter of

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