The National Supreme Court Circle of Middle Estates and Algadarif In front of gentlemen: Mr. Mustafa Abdelgadir Awad Alkareem Mr. Awad Alkareem Osman Muhammad Mr. Tarig Aldow Ayoub President Member Member No. M A/T G/89/G/2015 Criminal Circle Trial of: Omer Abd Allah Yahia Abd Allah Judgment Mr. Abdelazim Gismallah, on behalf of the appellant, filed an appeal against the decision of appeal for Gadarif, A SM /59/2015. This supported the judgement of Gadarif Court, which condemned the court. The Criminal Court of the Child - Gadaref, which convicted the appellant under Article 45 /G/ of the Children's Act 2010, was sentenced to five years in prison. Since his entering the police escort, 29/11/2014, his penalty is 2000 pounds. If it is not paid, he will be for six months consequently. The lawyer sees the contested judgment as contrary to the law as a matter of purity, and application. The medical exam established that there was no sexual aggression. Defense witnesses were not discussed, as the defense also did not provide evidence. The witness, Nammat, did not enter the house of the complainant and did not bring the victim. The defense witness left the defendant in the bathroom to prepare for Friday prayers and at their arrival, they found him at home with Abdel Ghani and the brother of the accused. The plaintiff didn’t file the complaint and also didn’t present the cloths on which the sperm was to be examined on. In addition to this, the wound cited in the medical report was not inside the rectum. The complainant contradicted her words with the victim which means there is no material or circumstantial evidence to support the accusation. The lawyer also seeks to cancel the contested judgment, abolishing communication against the accused and to release him. Firstly: We consider the appeal acceptable in form, to satisfy the conditions for acceptance under article 184/AGG91. Basamat, who is a seven year old girl, said that the neighbors had sent her to her neighbor, Nimat, to bring her with her, but on the way she met the convicted man who took his clothes off, then her clothes off, and performed appropriate and harmful acts on her. He then threatened her by saying if she told her mother, he would kill her. The next day, the mother was cleaning and found evidence of a sticky substance, of which she then asked Basmat about. Basmat told her mother that Omar had done inappropriate things to her. The mother immediately went to Omar and asked him to come to her house, where she asked him about what her daughter had said. Omar then denied everything, which caused a brawl between the mother and Omar. She went on to file a report against him, in which Basmat was subjected to a medical examination. The medical report showed that there was there was a wound in the anus. This indicated that the practice of anal sex. The convict swore that he was guilty of doing this to Basamat. Some of the