In the name of God the most gracious the most merciful NATIONAL SUPREME COURT Criminal Circuit Before: Al Fatih Hamid Hassan Hussain Aber Al Mahi Abd Al Rahman Babiker Mohamed Babiker Al Tenay Mahmoud Mohamed Saeed Abkam Mohamed Mostafa Hamad presiding judge Member Member Member Member Trial of Ahmed Al Fadil Ahmed No. 123/2016 Review/261/2016 JUDGMENT The review request was submitted by the convict`s attorney for reviewing the judgment delivered by the Appeal in Cassation Circuit of the National Supreme Court vide No. 123/2016 upholding previous judgments issued at the trial court and Appeal Court levels in Omdurman under the judgment No. 577/2016 The review request could see no evidence legally supporting the conviction of the accused under the provision of Article (142) of the Criminal Act or Article (45/c) of Child Act for 2010. The prosecuting authority failed to provide evidence legally supporting his conviction undereither of Articles of accusation. The review request was initially accepted. The file has been brought forward before us for adjudicating the subject matter thereof. The respondent was notified by publication to deposit a reply to the review request, but he failed to do so. The file was therefore valid for adjudication. The facts of the criminal action against the convict, conclude that he is the father of the two victimized female children. The elder was seven years old and the younger was six years old, as both were receiving their education at the basic stage. There were also problems between the spouses led to their separation for a period of three years. The complainant (who was also the mother of the two mentioned girls) reported that she has prevented their father (the accused - who frequently visited the house in which she lived to see his children) from visiting the home to see the children. He then used to visit the school in which they were established, and took them out to the street in an empty plot. The complainant goes on to state that, the accused started to kiss the children in an abnormal way, which isn’t how a father should act towards his daughters. He also touched their bodies in the sensitive areas, and entered his finger into their vaginas. The police initiated the investigations, as the elder girl was sent for medical examination in order to issue a report on her condition. The criminal form contained nothing indicating a sexual act against the victim, stating that she suffered from a minor bruise on her nose.