In the Name of Allah, the Most Gracious the Most Merciful
Judicial Authority
Superior Court- Kurdufan States Circuit
M/S. Judges
His Highness: Abdel Raheem Abdel Wahab Al-Tohamy
His Highness/ Hassan Ahmed Omar
His Highness/ Adam Ismail Adam
Trial: Hani Moussa Salem and others
No.: SC/ DSC/FG/11/2015 AD
Judgment
First Opinion:
On 31/10/2014 AD, the accused/ Hany Moussa Salem and others appeared before El-Obeid
Criminal Court to reply to a claim under articles 78 C of 1991, read with articles 12/175/149
C of 1991, that they on 27/09/2014 at night after 9:00 pm were drunk and attacked the
complainant in a dark night outside the city between El-Obeid and Taqat, when the
complainant was accompanied by a woman from his friends, and they threatened them, took
financial amounts and a mobile and tried also to rape this woman.
The court heard the entire criminal claim and questioned the accused, and the accused
admitted that they were drunk but they claimed that they are not guilty in relation of
participation in committing the robbery crime or trying to rape the woman, and they
have not proof.
On 5 November 2014 AD, the court found them guilty under the accusation articles and
imposed on them the following punishments:
1. Flogging (40) flogs under article no. 78C/1991.
2. Imprisonment for eight years under article no.21/105 of 1991 as of 28/09/2014 AD.
3. Imprisonment for five years under article 20/149C of 1991, which shall be valid
sequentially.
4. The delivery of the phones to their owners and eliminating the rest of exhibits.
Under a request by the lawyer of the accused, the Appeals Circuit ruling was issued to
northern Kordofan under no. AS/WSK/inspection/903 of 2014 dated 18/12/2014, and
ruled with supporting the conviction and diminishing the punishment to become as
follows:
1. Reduction of the punishment under articles 21/175 C to become six months.
2. Reduction of the punishment under articles 21/149 C of 1990 to become six months
and be applicable in succession.
This court didn’t satisfy the plaintiff, so the plaintiff lawyer, Ms. Nagwa Othman Ali
applied for providing an examination request with us on 07/01/2007 AD, for
interference and correcting the matters.
Since the date when the plaintiff knew the final ruling was on 31/12/2014 AD and
submitted this request on 07/01/2014 meaning during the temporal enrollment and
accepting it in form, there is no problem to intervene by examining the papers for