In the name of God the most Gracious the most Merciful
SUPREME COURT
Greater Darfur States Circuit
Criminal Circuit
Before:
Kassim Hamid Hussain
Hashim Al Toum
Dr. Suleiman Mohamed Shayeb
presiding judge
Member
Member
No. 60/2018
Trial of Yassir Mohamed Abd Al Rasoul Mohamed
JUDGMENT
On 17/11/2017 the Mallet Criminal Court entered a judgment in respect of the criminal case No.
23/2017 cancelling a criminal proceeding registered against the accused under Article (139) of
The Criminal Act of 1991, and obligated him to pay the complainant a sum of six thousand
pounds, which was to be collected by civil way.
The complainant was dissatisfied with such judgment and filed an appeal before North Darfur
State Appeal Court on which it adjudicated under its judgment No. 22/2017 cancelling the appeal
and upholding the trial court judgment.
Against the last judgment, the accused Yassir Mohamed Abd Al Rasoul filed the present appeal
in cassation on 21/11/2017.
Upon reviewing the papers, it is evident that the appellant received a copy of the appeal
judgment on 14/11/2017. So, we are in the opinion of accepting the appeal in cassation formally
since has been submitted within the time frame legally provided for under Articles (183) & (184)
of Criminal Procedures Act 1991.
From the subject matters’ point of view, and in pursuant of perusal of papers and deliberation, it
is evident that Yassir Mohamed Abd Al Rasoul (the accused) was brought forward to stand a
trial by reason of beating the complainant Rawdha Ahmed Omer (his wife).
At the commencement of trial proceedings, the complainant mentioned before the trial court that
she had reconciled with the accused against the payment of six thousand pounds of a total
compensation in her favor
The accused agreed to the conciliation and the trial court had therefore entered the contested
judgment.
It is also evident that the complainant, despite the said reconciliation, had challenged the trial
court judgment before North Darfur Sate Appeal Court mentioning that ((she has not waived her