In the case:
Government of Sudan versus Abdullah Abu Zaid and others
108/2011
The Supreme Court adjudicated that whoever is below the age of 18 years may not be sentenced
to imprisonment because, in accordance with Article (4) of Child Act every person below 18
years of age is regarded as a child and therefore the Child Court shall have the jurisdiction.
In the case:
Government of Sudan versus Mujahid Abdullah Adam and another
656/2011/Review/205/2011
It has been provided in the words of the Supreme Court, that the prescribed arrangement for the
child shall be distinguished in accordance with the Child Act and not the Criminal Act.
The Constitutional Court, with respect of the case:
Government of Sudan versus Hassan Osman Grad
81/2006
Decided to cancel the death penalty issued against the accused because he is below 18 years of
his age. The court was also ordered to send the papers to the Chief Justice and to taken back to
the trial court for issuing the appropriate penalty.
The judicial precedents referred to by my colleagues and other precedents have embraced
Article (3) of Criminal Act for 1991 as a criterion for the criminal responsibility of the child which
has been discussed by the judicial precedent:
Government of Sudan versus A. A. M. A. 1
199/2014/Judicial Magazine/2015 page 48,
and reached in the summary of its reasoning to a rule stating that (Article (4) of The Child Act
does not violate the constitution or Sharia since it has determined the age of the adult young
under a provision of a conclusive evidence, has not exceeded 18 years of age, even though he
has not attained adulthood without depending on (or lack of) the appearance of the adulthood
signs. This also defines an adult as whoever is above the age of 18 years/
In consideration of the premises, it is evident that The Child Act is a specific law that does not
rely upon adulthood and its criterion of the age. So, whoever has not exceeded 18 years of his
life is regarded as a child even though he is an adult.
It has been established in the papers of this criminal case that the age of the victim is 16 years
old, and the 2nd accused was also 16 years old. The victim is therefore regarded as a child even
though she reaches the adulthood stage. The 2nd accused is also considered to be a child even
though he attains the adulthood stage. The 1st convict is deemed to be an adult because he
exceeded 18 years, and seeing that he was 19 years old.
Since it is established that the 1st convict and the 2nd accused have performed complete sexual
intercourse with the victim, Article (45/b) of Child Act for 2010 shall be applicable to them and
the criminal defence of consent is insignificant because the victim`s consent is not reliable since
she is a child and therefore the judgment brought forward before us for upholding is completely
in conformity and consistence with the provisions of Child Act for 2010 and as such it should have
to be upheld entirely.