from. Finally, it was stated by a memorandum that the statements of the victim are fabricated and
so are her parents’ statements, which are full of lies and fabrication and are contrary to the
doctor's statements heard by the Trial Court.
* Requesting revocation of the ruling of the Court of Appeal and supporting the judgment of the
Trial Court, based on the reasons contained in the “Tana” newspaper.
* After reviewing all the papers, the application submitted included a policeman as capacity and
formality as provided in Articles 183 and 184 of the Criminal Procedures Act, 1991.
* The facts on which the criminal case was based indicate that the victim, a young girl of about
nine years on 10/80/2017, happened to be alone in the house. When her mother attended, she told
her that the defendant had entered the house and sexually harassed her. Her mother called her
husband and informed him of what her daughter has undergone, so he filed a criminal claim
against the Accused. After the completion of the investigation procedures, the prosecution
referred the papers to trial, which was initiated by the Child Court after deliberation of all the
proceedings, it ended with the ruling, which was revoked by the court of appeal.
* Article 182 of the Criminal Procedures Act, 1991 states that the High Court shall have the right
to consider in the cassation of the judicial measures issued by the competent court of appeal if
the judicial measure is based on a violation of the law or an error in its interpretation. The High
Court, according to this provision, has the authority to consider the cassation appeals submitted
by any stakeholder, a convicted person, a complainant or an accusatory body in respect of what
an appeal court issues whether the appeal is directed to what was issued by it regarding an appeal
submitted to it against a judgment issued by First Class Judge court or the general court other
than the provisions containing death sentences, amputation or life imprisonment. The High
Court, in accordance with this provision, as a body concerned with considering the appeal in
respect of the decisions of the Court of Appeal at the request of the affected person, is only
restricted to discuss the issues of law without proceedings, so it is competent in terms its legal
description of facts and the integrity of law application, it interpretation and the conformity of
the penalties in terms of gender and size the extent to which the proceedings are consistent with
the law, provided that their inconsistency has affected the integrity of the judgment. The appeal
shall be by a written petition stating its reasons. In such cases, the court corrects the
interpretation, application, procedures that their nullity affected the judgment or revoked
conviction and sentence and return the case to be heard again (see the Fundamentals of Drafting
the legal expression written by Dr. Ismail Mohamed Al Fateh and Dr. Ahmed Ismail Omer).
* In view of the above, the appeal before us did not comply with the requirements of article 182
above, where the focus of the request to challenge the justice of the parents of the victim and
their lie and fabrication and dictation of the victim. These issues are the concern of the Trial
Court and the attachments are not the concern of the High Court unless raised before the lower
court. The applicant must have aimed his appeal against the grounds on which the Court of