The Federal Supreme Court
Criminal Circuit
Before their Excellency:
Mahgoub Alameen Alfaki
Ali Ahmed Ali Mohammed
Yahia Fadol Mohammed Fadol
Alrasheed Altom Mohammed Khair
Salah Altigany Alameen
The Trail of Mahdi Yagoub Ibrahim
No / m. ein/ Execution / 70 /2016 /
Judgment
Aldaein General Court passed on the 10th of March 2016 a decision convicting the above mentioned
accused under s 167, 168 of the Criminal law and section 45/5 of the Juvenile Law Act inflicting on
the convicted hanging execution up to death with cross cutting of the leg and hand penalty and
acquitting the second accused, Adam Yagoub.
The decision was appealed against by the convicted advocate to the Appeal Court of the State of East
Darfur. The Court of appeal issued its decision under No /a.c.j / 64/2016 amending the conviction to
become under S. 45/b//68/d of the Juvenile Act and section 75 of the Criminal Law 1991 .
As a result the court modified the punishment to execution, as discretionary punishment and canceled
the cross cutting punishment. The court further refers the paper to the Supreme Court for approval and
confirmation or to act other wise.
Upon referring to the facts of the case we recognize that the convicted and the accused robbed some
women on a highway road, and threatened them with weapons. The convicted and the alleged are
accused to have raped the women and stolen their money.
The police investigation of the case was referred back to the competent criminal court. The criminal
court issued the decree amended by the court of appeal as aforesaid. The papers were then sent to us
for approval as per the law requirement and to rule on the applicant application.
Firstly:
The rule of the court of appeal meets the law and is correct from all aspects thereof. There are some
conditions and requirement which were not fulfilled in the case presented before us. However as to
the crime of raping and robbing the victim women, who were underage, according to s. 45-B of the
Juvenile Act and s. 75 of the Criminal law the condition for conviction were satisfied and hence the
conviction is correct.
Secondly:With regard to hanging execution as a discretionary punishment, we rule to approve the punishment
for the grievance, dirty and an unethical assault on the underage, immature women, namely raping
and the robbery of them.
Thirdly:At the end I agree, to confirm the court of appeal judgment and dismiss the brother of the convicted
application which seem to be ground less and shall have no effect on the conviction>
The crime committed was a crime under s. 45- b of the Juvenile Act and s. 75 of the Criminal law
Act.
Alrasheed Altoom Mohammed Khair
Supreme Court Magistrate
27/6/2016