The act was done by a finger into the vulva of the minor, as stated by the minor – They also had sexual intercourse when they came back to Sudan The Trial Court sees that there is a doubt that must have been interpreted in favor of the accused. The judgment of the Court of Appeal concluded to approve the judgment of the Trial Court. After reviewing the statement of claim, I see the act of the accused which was recorded as per the report filed in Sudan. It is clear to me through the statements of the Claimant's witnesses, the Complainant and questioning of the accused, that there was an acute dispute within the family between the accused, his wife, with the Complainant on one hand and the accused and his children on the other hand. These disputes are so complicated that it was difficult to believe the statements of the Claimant's witnesses who are basically the children and the accused and the Complainant's sister. Based on the evidence stated above, and according to the provisions of Articles 33 and 34 of the Evidence Law, the statements of these witnesses cannot be reliable, as the medical report did not state effects of sexual intercourse, and the removal of hymen, cannot be evidence that it was the accused who committed the act. To sum up and pursuant to the legal principle on innocence, I see that the evidences provided by Claimant cannot be a basis for conviction. Therefore, I see that the request of medical examination is to be dropped. Assistance is sought from Allah Signed Ahmed Mahboob Abdullah Judge of the High Court 30/04/2017 After reviewing, I see that I agree with the colleague Mahboob in terms of causes and results. Ahmed Abdulmutaleb Ahmed Judge of the high Court 09/05/2017 (Signed) Mohamed Ahmed Ibrahim Judge of the High Court 15/03/2017 The request for medical examination is to be dropped Signed Ahmed Mahboob Abdullah Judge of the High Court Chief of the Circuit

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