In the name of God the most gracious the most merciful
SUPREME COURT
Greater Darfur States Circuit
Criminal Circuit
Before:
Kassim Hamid Hussain Kassim
Hassan Abdul Karim Osman
Hashim Ibrahim Al Toum
the presiding judge
member
member
No. Life imprisonment/1/2018
Trial of Saad Damar and another
JUDGMENT
On 29/11/2017 Al Deain Child Court convicted the accused Saad Damar Omer under Article 45/b
of Child Act for 2010, and sentenced him to life imprisonment as of the date of being under
custodianship on 29/09/2017, with a fine of five thousand pounds, and if not paid to be
imprisoned for a period of six months consecutively. The papers ordered for submission to the
Supreme Court for upholding under Article (181) of Criminal Act for 1991, reprimanded the
juvenile Yahya Abdullah Al Doma and released him immediately unless he was wanted for
another action.
The convict Saad Damar Omer submitted as against such a judgment and pleaded for mercy
before East Darfur State Appeal Court, which accepted the plea in pursuance to the provision of
Article (188) of Criminal Procedures Act for 1991, and adjudicated on the matter under its
judgment No. 415/2017 upholding the conviction and life imprisonment penalty along with
ordering reprimand for child Yahya Abdullah Al Doma. The fine was reduced to one thousand
pounds, and to be collected under Article (198) of Criminal Procedures Act 1991.
On 15/02/2018 papers were brought forward before us. The judgment submitted to us found to
be satisfying the conditions contained in Article (181) of Criminal Procedures Act 1991 in terms
of the type of penalty and conclusiveness of judgment.
Article (181) provides that ((every sentence to death penalty, cutting or life imprisonment shall
be submitted to the Supreme Court whenever it becomes final with the intention of upholding)).
The facts of the criminal action conclude that on 20/09/2017 in the village of Al Kiddameya
where the 1st accused Saad Damar Omer and the 2nd accused Yahya Abdullah Al Doma entered
the house of the sixteen year old victim, Halima Abdullah, and raped her at gunpoint (knife).
The trial court has then listened to the prosecuting case, interrogated both the accused and
convicted them under Article (45/b) of Child Act 2010 along with closing the defence case and
delivered the aforementioned judgment.
From the subject matters’ point of view and in pursuant to the perusal of papers, it was evident
that the convict Saad Damar Omer admitted in his statements contained in page (2) of the
journal of inquiry that he performed sexual intercourse with the victim.