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In the name of Allah, The Beneficent, The Merciful
Supreme Court
Greater Darfur states
Criminal Circuit
Before Honorable Justices:
H.E./Hassen Abdulkarim Osman………………….President
H.E./Hashim Ibrahim Altom………………………. Member
H.E./Dr. Solieman Mohammed Shaib……………...Member
No…/51/2018
Trial of;
Maryam Saleh Musa Mohammed
Ruling
The City Court (B) of Al-Fashir issued its decision of dismissing the criminal case
deliberated, citing insufficiency of evidence. Accordingly, the plaintiff’s attorney
presented a request to the Public Court of Al-Fashir to transfer the criminal case to the
Criminal Court of Al-Fashir. It was judged by H.E./Justice of the Court of Appeal and
Supervisor of the Complex of Al-Fashir Courts who dismissed the request. That decision
was appealed at the Court of Appeal of North Darfur in Al-Fashir, which deliberated the
appeal and issued its ruling no…/11/2017 on 4/6/2017 upholding the appeal in question.
On 21/12/2017 the plaintiff submitted a request of appeal against the ruling of the
abovementioned Court of Appeal, addressing it to this circuit. The appeal was passed and
then brought before us for deliberation. In her reasons for the appeal, she challenged the
witnesses’ statement because she claimed they changed their testimonies.
During the examination and study of all the documents of this appeal, the statements
entered in the proceedings of the Criminal Case before the Court of First Instance: it was
established to me that the decision by the City Court, upheld by the Public Court judge
and the Court of Appeal of North Darfur State – Al-Fashir, was correctly issued. This is
because it was clearly evidenced to me that the plaintiff had completely failed to prove
the accusation against the defendant. Hence, we decide to dismiss the appeal and uphold
the decisions by the lower courts.