In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Department of the Red Sea and Kasala
Port Sudan
Headed by the Honourable Judges:
Mr. Abdul Raouf Hassab Allah Malassi …. Chairman
Mr. Ibrahim Mohammed Al Faki …. Member
Mr. Ibrahim Mohammed Hamdan …. Member
Trial of: Juma’a Zakaria Komi Kodi
M.A/T. J/2/2015
The Decision:
This cassation request is presented by Mr. Jaffar Kajo Al Faki, lawyer on behalf of his accused
client in the trial number: G.A/80/2014 which incriminated the above mentioned client under
article (45) paragraph (B) of the Child Law for the year 2010 who was penalized for an
imprisonment sentence for a period of (20 years) and a fine of (500 Pounds) to be collected
under the article (198) of the Criminal Procedural law for the year 1991. The judgment was
endorsed by the appeal court registered under number: A.S.J/226/2014 and dated 17 November
2014 with a request to return the documents for the collection of the fine and without the
carrying out of the alternative imprisonment sentence unless the collection of the fine is not
achieved along with an instruction to refer the procedures and the judgment to this department to
support the sentence or otherwise under article (181) of the criminal procedural law for the year
1991.
The grounds of the cassation request are detailed as thus:
First:
There is no disagreement of opinions regarding a relationship between the victimized and the
accused and they made a promise to marry each other, he, the accused, called her to his house,
and she willingly obeyed and later became illegally impregnated by him and the accused does
not deny these flaws and testified to the judge of the same.
Second:
The applicant is of the opinion that the judgment and the procedures conflict with the law and in
jurisdiction on the following ground:
a) That article (4) of the Child law for the year 2010 is in contradiction to the criminal law
for the 1991 and to the constitution on its definition of what constitutes as a child, that a
child is whomever did not pass the age of 18 years old.

Select target paragraph3