In the name of Allah, the most Beneficent, the Most Merciful
The National Supreme Court
Criminal Circuit
Before their Excellencies: Hashim omer Abdallah Mohammed
President
Hassan Ahmed omer Musa
Member
Mohammed Mustafa Hamd
Member
The Trail of: Adam Abdalkareem Ahmed
No / m ein/f.j.h /50/2016 / First Circuit
Judgment
First Opinion Dated / 7/4/2016
Firstly: Statement of facts.
In the non-summary trail, No /104/ 2015 and at the session held on 24/6l2015, Omdurman First
Juvenile Court convicted the accused, Adam Abdalkareem Ahmed under section 45/ G of the Juvenile
Act ,2010 for his sexual harassment of the underage daughter of him Zainab (aged 13 years). The
court has convicted the accused also under section 86 0f the same law. The court has punished him
with imprisonment for (5) years to commence as from 24/6/2015, imposing a fine of 1000 (one
thousand Sudanese Pound and in case of failure to pay he should be subject to imprisonment of 2 two
years starting as from the expiration of the 5 years main imprisonment.
As a result of the appeal raised by the convicted through his advocate / Salah Aldien Abdallah against
the aforesaid judgment, the court of appeal by its judgment No /m. a/a c.j/ 797 /2015 dated 22/10/
2015 dismissed the appeal by the majority opinion of second and third circuit members ruling that the
first instant court judgment is correct
On 3/3/2016 the convicted Advocate asked this court for the examination of the two courts rule and
consequently to pass or order the acquittal and release of the accused
Secondly As matter of formality: Whereas the application relates to a criminal issue under the criminal procedure Act 1991, as
amended 2009, and it's for reviewing and examining the trail to check the correctness of the process,
insure that justice is done and to take any just and proper measures, we formally accept the
application.
Thirdly: As matter of subject: My attention is drawn to the first application reasoning which is stated as follows (The first opinion of
the magistrate, who decided that our appeal has been submitted after the appeal time limit lapse on the
ground that we have taken knowledge of the judgment on the date of its issuance on 24/6/2015. Thus,
in the judge opinion the appeal must be submitted within 15 days starting as from that date. In fact,
the appeal period should be calculated as from the following day of the judgment date of passing. the
judge has seen that the appeal should be submitted before or on the 8/7/2015 and not on 9/7/2015,
whereas the 15 days shall commence from 25/6/2015 and not from 24/6/2015 the date of passing the
judgment.)