hhhhh NATIONAL SUPREME COURT CRIMINAL CIRCUIT Before: Mahgoub Al Amin Al Faki Khalid Al Tayeb Khalid Baldo Al Rasheed Al Tom Mohamed Khair President Member Member Trial of Teyah Abbas Koko Kafi No. 576/2013 JUDGMENT In the trial No. 19/2012 dated 29/03/2012 the Child Court in Bahri convicted both TEYAH ABBAS KAFI under Article (45/c) of Child Act for 2010 read with Article (51) of the Criminal Act, and DAIFA BASHIR TOTO under Article (146/1) of the Criminal Act. The Court sentenced ABBAS KOKO to 5 years imprisonment with effect from 29/03/2012 and (40) lashes under Article (151) of the Criminal Act. The Court sentenced DAIFA BASHIR to 40 lashes under Article (146) of the Criminal Act. Bahri Appeal Court upheld the conviction of the 1st convict and cancelled the conviction and the punishment of DAIFA BASHIR KOKO on the basis that an investigation and a retrial will be initiated and held for her. The convict Teyah Abbas filed an appeal in cassation through Ms. Hanan Ramadan. The National Supreme Court delivered its judgment No. 620/2012 dated 26/09/2012 cancelling the adjudication of both courts and returning the papers to the competent court to act in accordance with the memorandum so as to verify the age of the said girl, because pregnancy alone as one of adulthood signs is not sufficient to say that adulthood is attained unless she has reached 15 years of her age in pursuance to the provision of Articles (3) & (8) of the Criminal Act for 1991, and the act cannot be regarded as a harassment for the completion of insertion as laid down on page (72) of the minutes. The Court returned to the accused`s interrogation who denied the charge once again. The court charged him under Article (45/b) of the Child Act for 2010 after the victim was sent to the medical commission and found to be in the 15 years of her age. The Court applied the provision of Article (4) of Child Act to the accused and convicted him under Article (45/b) of Child Act for 2010. The court sentenced him to 20 years in prison as from 23/12/2012 without ordering a fine despite the punishment is obligatory. Bahri & East Nile Appeal Court delivered a judgment vide No. 74/2013 by a majority opinion upholding the conviction and penalty and cancelling the appeal.