In the name of God the most gracious the most merciful
NATIONAL SUPREME COURT
Criminal Circuit
Before:
Hashim Omer Abdullah Mohammed
Babikir Mohamed Babikir Al Tinnay
Hassan Ahmed Omer Musa
Head
Member
Member
Trial of Raufaeel Biniameen Timsaus & Others
No.#/#/10 3/2016
JUDGMENT
Dar Alsalam Criminal Court of First Instance- Omdurman Judiciary- Khartoum State,
convicted the first accused/ Raufaeel Biniameen Timsaus and the second accused/ Mustafa
Suliman Mohamed, the third accused/ Har Alnabi Anter Izirig, forth accused/ Bashir
Yousif Bashir and the fifth accused/Amin Tagelsir under sections 21/149 of the Penal
Code 1991 and sentenced them all to five years imprisonment, as of the date they were
detained on 24/12/2015 and to be lashed (100) lashes (by way of Tazeer), and had also
convicted the forth accused/ Bashir Yousif Bashir under Ss. 78/(1)(2) of the Penal Code
1991 and punished him with 40 lashes (by way of Hoddod) and 20 lashes (by way of
Tazeer) in addition to the previous punishments.
After that, Advocate/ Mr. Nooraldeen Abdullah Aashoora, submitted an application to
review before the Court of Appeal on behalf of all the convicted persons. The Court
considered the application and issued its judgment under No.: ##/902/2016 on
21/07/2016 and decided as follows:
(1) Rejected the application.
(2) Notify applicant.
Now the mother of the forth convicted/ Bashir Yousif Bashir submitted a supplication
requesting reduction of the judgment imposed on her son due to his family conditions as
mentioned in the application.
The mother of the second convicted/ Mustafa Suliman Mohamed, has also submitted a
supplication requesting reduction of the judgment imposed on her son due to his family
conditions as mentioned in the application.
We would say, there is nothing called supplication in law and I decide to consider the
applications pursuant to the review power provided for in S. 188 of the Criminal Procedures
Act 1991, to ensure the soundness of the judgment and realization of justice and to order
what we consider appropriate against all accused and not that of applicants only.