In the name of God the Merciful
National Supreme Court
Criminal Chamber
In the presence of:
Awad Hassan Awad President
Aber Al-Mahi Abdul Rahman Member
Ahmad Abdulmutaleb Ahmad Member
Trial of Jad Al-Sayed Muhammad Jad Al-Moula
Number: MA / TG / 435/2017
The judgment:
The general juvenile court convicted the above-mentioned accused under article 45 / G of the Children's
Code of 2010 and sentenced him to five years' imprisonment from 1/3/2017 and a fine of five thousand
pounds. The complainant must be paid 3000. In case of non-payment, He was imprisoned for four
months.
The accused appealed to the Court of Appeal of Bahri and Eastern Nile, which in its memorandum ASG /
457/2017 decided to annul the conviction and sentence, declare the innocence of the accused and to
release him.
Hafez Ahmad Badawi, acting on behalf of the complainant, appealed the judgment of the Court of
Appeal and was accepted because it was filed within the time limits prescribed by law.
The reason for the appeal is the violation of the impugned decision of the law, because secrecy always
accompanies the commission of sexual offenses, which cannot be done with direct evidence. According
to the appellant, the complainant provided enough evidence to prove the offense of sexual harassment.
At the end of his reasons, the appellant sought to quash the decision of the Court of Appeal and restore
the judgment of the Court of Appeal on conviction and sanction.
The facts are summarized in the fact that the accused sexually harassed the complainant's four-year-old
daughter. He brushed his chest and male limb with oil and put his penis on his chest.
After reviewing the documents and considering that it is often impossible to provide direct evidence of
sexual offenses, the courts relied on the adoption of victim impact statements and other legally
acceptable evidence. In the previous judgment of the Government of the Sudan against Yusuf Abdullah
(Journal of Judicial Judgments 1972 page 216), it is decided that the evidence presented by the young
person does not require direct evidence and that the court can collect all the legal evidence, such as
evidence and certificates accepted in some cases and other circumstances consistent with reason and
logic.
It was established that the victim had promptly informed her mother of what had happened to her and
that instant communication was a testimony to the truth of the victim. And the testimony of the victim