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.

Select target paragraph3