The Federal (National) Supreme Court
Central States and Gadarif
Before Their Excellencies: Saudi Alkamil Alsaeed -President
Awad Alkareem Osman: - Member
Mohammed Altraify Mahammed - Member
No / m.ein / f. J /16 /2015 /
The Trial of Ja'far Al-Fadil Ahmed Al-Riyah
Judgment
Alsoki Criminal Court passed judgment against the accused Alfadil Ahmed Alryiah convicting him of
violating s 45-j, sentencing the accused to 4 years imprisonment and a fine of 250 SDG; in case of
failure to pay the fine, he shall be subjected to an imprisonment of 1 year to run in sequence with the
main imprisonment which shall commence as from 26/12/2014.
The convict submitted an application to Senar Court of Appeal for mitigating the punishment on social
and personal reasons. The Court of Appeal dealt with the application as an application for inspection and
ruled to confirm both the conviction and punishment.
Likewise, the convict submitted the same request to mitigate the punishment relying on his family’s
poor conditions. We decide to accept the application under section 188 of the Criminal Procedure Code
of 1991 to ensure that due process of law to achieve justice was followed.
On scrutinizing the conviction, it seems the conviction under the said section is right, in addition to the
fact that the conviction was not an issue in the application. The conviction was grounded on the
prosecution witnesses who testified to the fact that the accused kissed the victim, a female juvenile of 11
years old, as well as the victim’s statement in the court. The facts proved showed that the accused
removed the victim’s under wear. These acts constitute, without any doubt, sexual harassment,
according to the provision of Section 45.G of the Child Act of 2010. Whereas the punishment is the
subject matter of the application, and whereas crimes of sexual assault on juveniles become a big worry
to the society, the harshness of the punishment seems to be a necessity for the protection of these
innocent victims.
Therefore, we see it appropriate to confirm both the conviction and the punishment and dismiss this
application.
Alsaudi Alkamil Al said
Supreme Court Judge
17/1/2015
Mohammed Altraify Mohammed
Supreme Court Judge
29/1/2015
Final Order
Dismissal of the application.
Alsaudi Alkamil Al said
Supreme Court Judge
Circuit President
10/2/2015

Awad Alkareem Osman Mohammed
Supreme Court Judge
2/2/2015

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