It is evident from the foregoing that Article (4) of the Child Act for 2010 which defined the Child by saying “means every person who has not exceeded eighteen years of age” is in contravention of the Articles of the Criminal Act referred to in this connection and violating the Constitution accordingly. Mohamed Hamad Abu Sin Deputy Chief Justice 26/05/2011 I am completely in agreement with both my colleagues over the 1st and 2nd opinions after legal deliberation and discussion which we provided. I also share the opinion of my colleague on the 2nd opinion over praising the great effort exerted by the trial judge in supporting his view despite being in disagreement in terms of opinion. Al Rasheed Al Tom Mohamed Khair Supreme Court Judge’ 29/05/2011 Final Order: 1. To cancel the adjudication of both trial and appeal courts. 2. To return the papers to the trial court so as to proceed with the procedures in light of the memorandum. 3. To rearrest the accused. Mohamed Hamad Abu Sin Deputy Chief Justice 30/05/2011

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