affirmed and supported the victim`s statement. The report stated that there were abrasions and
scratches in the vagina entry and redness in the vaginal wall. This is a strong evidence affirms what
has been narrated by the victim that the convict alone who brought about the same. This is in
addition to the statement of the complainant - the mother of the victim who sated that the victim`s
cousin Tasabeeh informed her of what has been done against the victim who informed her cousin
of the same. According to whatsoever has been mentioned hereinabove, I do not agree with what
has been narrated in the petition of appeal in cassation in respect of the support which requires
direct evidence. I point out in this connection to the fact that the victim`s statements are regarded
as direct evidence and not a complainant’s evidence. I add that sexual crimes against children as
previously said support any evidences even though evidentiary hearing or circumstantial
evidences. This is what is usually adopted by the judiciary in such kind of crimes. I am therefore of
the opinion that we should uphold the contested judgment and cancel the appeal in cassation.
Awad Hassan Awad
Supreme Court Judge
13/12/2017
Salah Al Sharif
Supreme Court Judge
15/12/2016
The victim`s narration about the harassment committed against her by the accused means that the
victim was not slacked. She narrated what has been committed by the accused to her cousin who in
turn informed her uncle of the matter who narrated the facts of the crime to the victim`s mother.
The victim`s narration is acceptable in terms of harassment and raping crimes as long as there is an
expert`s evidence which supported the narration contained in the approved form about the
condition of the victim provided by the deputy gynecologist who acknowledged an occurrence of
the assault by putting the sign ( ) in the column of the sexual assault. Then came her medical
report which stated existence of abrasions and scratches in the vagina entry and redness in the
vaginal wall. This means that the occurrence of the sexual assault against her. The harassment
crime is therefore proved beyond the phase of reasonable doubt against the accused. So, I agree
with the first and second opinion on the validity of conviction and punishment and the contested
judgment should be upheld and the dismissal of the appeal in cassation as provided for in the first
and second opinions.
Dr. Mohamed Abu Zaid Osman
Supreme Court Judge
18/12/2016
Final Order:
(1) We uphold the contested judgment.
(2) The appeal in cassation is cancelled.
Awad Hassan Awad
Supreme Court Judge
President of the Circuit
20/12/2016