In the name of God the most gracious the most merciful
NATIONAL SUPREME COURT
Criminal Circuit
Before:
Mohamed Hamad Abu Sin
Mahgoub Al Amin Al Faki
Al Rasheed Al Tom Mohamed Khair
Trial of Osman Saleh Khair
No. life imprisonment/16/2011
Presiding judge
Member
Member
JUDGMENT
The criminal case the subject matter of these proceedings was filed against the accused
Osman Saleh Khair (19 years old) on the ground that he has raped Amona Mohamed
Tahir (17 years old) and got her pregnant through fornication.
He was therefore brought forward before Kasala Criminal Court for trial under Article
(146) of the Criminal Act. The Criminal Court charged the said accused under Article
(82/d) of Child Act for 2010 on the ground that the victim was a child.
The Criminal Court delivered under such Article a judgment convicting the accused and
sentencing him to life imprisonment with effect from 07/02/2011 along with a fine in a
sum of 500 pounds, and in the event of nonpayment, he should be imprisoned for
another three months consecutively and ordered to send the papers to the Supreme
Court for upholding the judgment under Article (181) of Criminal Procedures Act.
The judgment was upheld by Kasala Appeal Court. The accused applied to the Circuit of
the Supreme Court of Red Sea and Kasala States challenging such judgment. The Court
referred the papers to the Judgments Affirmation Circuit so as to consider upholding this
judgment.
It should be said in the first place that the National Supreme Court Circuits in the States
have the jurisdiction over upholding life imprisonment judgments on the assumption that
they are upheld by a 3 judge circuit. No regulatory circular or a directive restricting the
affirmation of life imprisonment judgments to the National Supreme Court in absence of
its circuits in the States.
The Judgments Affirmation Circuit of the National Supreme Court was formed in
pursuance to the provision of Article (17/2) of the Judiciary Law as amended for 1995,
composed of 5 judges and having the jurisdiction over the consideration of upholding
the death penalties (on basis of punishable penalties, qisas and discretionary basis) and
the judgments of cutting off hands and feet from the opposite sides.