In the name of Allah, Most Gracious, most Merciful
The National High Court
Criminal Circuit
Before Messrs:
Mahgoub Elamin Elfaki
Awad Hassan Awad
Ahmed Mohamed Elfaki
Abbas Ali Babiker
Salah Eltigani Elamin

Chairperson
Member
Member
Member
Member
Trial: - Yahya Yagoub Imam Nour
No. HC/RC/Execution/ 25/2017 / Second Session
The Judgment

Gadarif Child Court sentenced the accused Yahya Yagoub to death by hanging under Article 45 / B
for sexually abusing the girl, Entisar Arbab. In the Trial Court, the facts indicated that the victim
was sent in the afternoon of that day, by her mother to the accused house aged 68 to bring back a
milk metal pot (Bestilla), which was sent to the accused during his sickness by that kind family.
However, the victim came back home with blood on her clothes and in between her legs. When
asked by her mother, she told her that the defendant had assaulted her by enforcing his penis into
her vulva, which was described by the medical report which was written after the report was filed.
The assault resulted in a 4-cm-long vaginal wound with a depth of 3 mm.
There is no doubt that the child’s evidence is acceptable in sexual incidents, according to the
jurisprudence of the Child’s Act, which extends the agreed and implemented sentence.
But this is sufficient evidence for the precedents, in which people used to serve a sentence of
imprisonment for the same crime of which the accusation of a man without evidence or knowledge
would convince the judge.
Hudud crimes have been classified and have divine punishments, in which legitimate evidence is
required. A person who steals, must have his hand cut off, because the hand is part of the whole
body according to Sharia Law. For punishments to have consequences, there must be legal proof.
Conti. No. HC/RC/Execution/ 25/2017 / Second Session p. (2)
Hudud judgment of crimes are discretionary if the evidence is insufficient.
It is true that the rape of children is a terrible crime that, shakes all of society. It is also true that we
can all agree on the terms of punishment for the people who commit this crime, as long as the
guardian of the victim choses a punishment. But for this to happen, we must strengthen our
argument with evidence
The Creator of the Almighty has ordered for precautions by dropping Hudud in the presence of
suspicion because it is stated by Allah Almighty: " "And whatever the Messenger has given you –
take; and what he has forbidden you – refrain from. And fear Allah; indeed, Allah is severe in
penalty .”The Prophet Mohamed says “Avoid Hudud in the presence of suspicion”. A person maybe
of Hudud. We say yes, but we tell him that Allah Almighty honored the human soul for saying:
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