He recorded a judicial confession on page (5) of the journal of inquiry in accordance with the provision of Article (19/1) of the Evidence Act 1994. The declarant was sane and an adult as provided for in the Law. The admission was adopted taking into consideration the provision of Article (60/2) of Criminal Procedures Act 1991after the judge verified that the convict admitted on his own free will and choice in writing and imprinted in the journal of inquiry. The same statements were repeated while being interrogated before the trial court. The accused, however, denied raping the victim using the knife. On the other hand, the prosecution body failed to prove victim`s raping using the knife. These are the statements delivered by the victim. The prosecution case revolves around the convict`s admission before the traditional conciliators that he raped the victim. The said admission cannot be considered as a non-judicial admission and in order to prove it the general rules in evidence are to be followed by virtue of Article (17) of Evidence Act 1994. Relying on the 1st prosecution witness on page (20) of the investigation record, is deemed to be sufficient as saying that ((there was a man (arbitrator) in the conciliation session, saying that without confession we do not intervene.)) This means that the solution of the problem was connected with the convict`s confession. In this connection it is understood that the prosecution should have proven all elements of the rape crime. Please refer to the precedent: Government of Sudan versus Omer Al Haj and others 141/97 magazine 1997 page 59 Therefore, the sexual intercourse admitted by the convict cannot be considered. This amends the description of the crime. The question that arises here is that this victim was a child, so should the Child Act 2010 be applied? It is established from the prosecution exhibit (2) the Criminal Age Estimation Form issued by the Medical Commission that the victim has attained the adulthood stage and her age is estimated at 15 years old along with the appearance of adulthood physical signs thereon. It is mentioned in the precedent: Government of Sudan versus A.S.Kh. Life imprisonment/16/2011 page (75), that ((the 17 year old victim who became pregnant as a result of a sexual intercourse is not a child in accordance with the Criminal Act 1991 which is derived from Sharia.)) I am therefore in the opinion that the judgments of the lower courts should be cancelled and return the papers to the trial court so as to bring proper indictment whether under Article (146) or Article (149) the incident is a rape with the permission to listen to additional evidences along with rendering the appropriate order after observing the provision of Article (144) of Criminal Procedures Act 1991.