the article power; this is because the accused were not caught, as it was
stated in the Court of First Instance, in an indecent position; and there
was no evidence to prove that the accused was inside First Accused
Holeya’s house.The witnesses alleged that the Second Accused fled the
house in a vest and shorts, but no clothes were found in the house of the
First Accused, Holeya. Also, it wasn’t proved that the Second Accused,
when he was arrested, was wearing a vest and shorts or barefooted, as
alleged by the witnesses. It is obvious that the charges were based on
doubts and suspicions about the conduct of the Accused Women. If the
Accused had actually been in Holeya’s house, how come he could
escape from three witnesses? Instead, it was indeed established that the
Accused was present at the house of defense witnesses (1) and (2) doing
some work. And, in the absence of any evidence that connects the
Accused Persons to the crime, I see that the decision by the Court of
First Instance, to acquit the two accused persons conforms with correct
letter of the law, which prompt me to dismiss the request. And if my
colleagues agree, I decide:
1- Rejection of the Request
2- Presenter to be Notified.
Dalya Basheer Siraj
Supreme Court Justice
12/1/2017
Second opinion:
I agree
Abdulkarim Ahmed Jofoun
Supreme Court Justice
17/1/2017
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