The trial court, after having listened to the cases of both the prosecuting authority and
defence, has rendered a decision convicting the accused under Article (142) of the Law and
acquitted him from the accusation in contravention of the provision of Article (45/b) of
Child Act for 2010. The court sentenced the convict to six months in prison with a
suspension for a period of six months with effect from 18/02/2016.
The Appeal Court under its judgment No. 577/2017 upheld the conviction but intervened
so as to cancel the order of imprisonment with suspension and returned the papers to the
court for issuing a sentence to imprisonment, starting from the date of putting the accused
under custodianship of the pending the trial. The trial court did the same which was not
required from, but is authorized to do so.
The appeal in cassation was submitted to the Supreme Court which issued its decision in
question upholding the judgment.
In pursuant to the perusal of the trial proceedings file, I cannot see that the prosecuting
authority was successful in proving the accused`s harassment against his daughters. The two
girls seemed to have been taught the statements which they should have to provide. The first
one said that her father sucked her lips, which is a strange expression for children who are in
the age of the witness.
The accused might have exaggerated the expression of his emotion towards his daughters,
as the differences he had with his wife, separated him from his children.
The medical report stated that the victim suffered from a minor swelling in the nose bone
and did not point out that it required a treatment.
I can see nothing supporting the conviction of causation of minor harm by the accused to
his daughter. I am therefore in the opinion that the conviction should have to be cancelled
in accordance with the provision of Article (142/1) of the Criminal along with accepting the
review request and cancelling the conviction and punishment issued against the convict and
order to release him.
Mahmoud Mohamed Saeed Abkam
Supreme Court Judge
07/02/2017
Aber Al Mahi Abd Al Rahman
Supreme Court Judge
08/02/2017
Babiker Mohamed Al Tenay
Supreme Court Judge
12/03/2017
Mohamed Mostafa Hamad
Supreme Court Judge
12/02/2017
Al Fatih Hamid Hassan Hussain
Supreme Court Judge
08/03/2017