A1aa
In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Criminal Court
In front of the Honorable:
Awad Hassan Awad
Chairman of the Bench
Abir Al Mahi Abdul Rahman
Member
Ahmed Mohamed El Faki Mohamed
Member
Salah Al Tijani Al Ameen
Member
Mohammed Mostafa Hamed
Member
Trial of: - Al Fatih Azhari Mohammed
Number: M.Gh. A/Advocated/59/2017
Revised/6/2018
/The Decision/
The following request to review is presented by Lawyer Mr. Ahmed Abo who requested that the
decision of the national supreme court be reviewed baring number M.Gh.A./Advocated/59/2017
which stated the validity of the verdict issued against the accused in favor of it being ratified to a
misdemeanor under article 45/J of the child law and to cancel the decision and to return all
documents to the court of the first instance to pass the reasonable judgment after the detention of
the said accused.
The application was accepted in principle by the Vice President of the Judiciary and this file was
placed before us as a support department to review the decision on the subject.
The facts are summarized in that the father of the victimized child who is four-year-old informed
the police that the defendant had raped the child by inserting a finger into her vagina and causing
her the harm and damage stated on the medical report. The victimized child outside her home on
the street when the accused came and lifted her on his shoulders and carried her away but when
seen by an eye witness, he dropped her and fled the scene.
The accused was detained and charged with article 45/B of the child code and completely denied
the charge and denied any connection between himself and the accident and that he was not
present at the time of the incident as he was at Al Mazalat Mosque at the time performing his
prayers.
The Criminal Court (Child Court) was held at Umdurman and reached a decision to convict the
accused under Article 4/B of the Children's Act of 2010 read with article 86 of the same, and
issued an imprisonment sentence for twenty years and a fine of five thousand pounds to pay the
sum of three hundred pounds as compensation to the victimized child, and in the case of failure
to pay to be imprisoned for the period of two years and directed the case documents to be
forwarded to the Supreme Court to support the verdict or otherwise.