to the Judicial precedent magazine of 2003 pg. 160, and the high court has the right to intervene in the facts if the extraction of the sub-courts and adaptation are not suitable or unacceptable. In the Trial of Tahir Mohamed Daw Elbait who was tried under Article s 45 (b) of the Child's Act, 13 (see the Trial of HC/ RC/ Execution/63/2015), the facts of the case were that the convicted person, who was married to a woman other than the complainant, came to the complainant and asked her to allow him to take his daughter Mashaer (the victim) at the age of thirteen years with him on a journey during rainfall season (a period of grazing) and took her against her will. The complainants daughter stayed with him three months and on her return, she told her mother that her father had contacted her sexually four times, during which her menstruation stopped. Her mother informed her brother and her family, and a family conciliation was carried out. EDITED VERSION: Before the claimant’s witnesses, the accused admitted of committing the act. He then attended the family meeting and asked the fate of the pregnancy, even though the fetus had been aborted. After a period of time, the accused seemed to cover up his acts, by coming to where the victim and her mother were sleeping, and at dawn prayer, shot his victim several times which resulted in her death. The Al-Fulah court convicted him under Article 130/150 of the 1991 penal code and Article 45/B of the Children’s act of 2010. He was ordered to pay fourth thousand pounds to the victim’s parents, and was given a sentence of life imprisonment under article 26, and given a fine of six thousand pounds. He was also sentenced with an imprisonment for two years and a violation of the Child's Act, imprisonment for five years under Article 45 / B. The Court also ordered the confiscation of arms. An appeal was submitted to Elobaid Court of Appeal -West Kordofan. It was considered under No. 10/2013, which approved the convictions except conviction under 150 criminals. It also approved the punishment to impose a fine if the there was non-payment from the convict, under article 198. When they appealed the sentence before the Supreme Court of Kordofan State No. 20/104 was challenged, the conviction was supported under Articles130 and 45b of the children’s code with section 150 of the criminal penal code and Article 86/ f of the Child’s act. The articles conviction justified the confiscation of arms under the article of 26 weapons. A request for review of No. 282/201 ordered the handing over of the papers to the appropriate court to review the penalty under paragraph 45/b of the Child’s Act. When the trial court reviewed the penalty under paragraph 45b, according to the directive, it issued its judgment “sentence of the accused to death by hanging” as a discretionary judgment, which supported the appeal judgment of 10/2015. The papers were submitted to the High Court for approval, which issued its ruling on this request and the said Circuit approved it as it concluded to a correct conviction under 130 and agreed to support the penalty, which is intensive blood money. The death penalty was forfeited because the victim was a branch of this offender. (1) The Review Circuit found support on that the judgment of the High Court was right when approving the conviction under Article 45 of the Child's Act, and the judgment despite the seriousness of the crime, saw that the suitable punishment is life imprisonment. The decision was as follows: Supporting of all convictions, 2) Support punishments under Article s 130 / of the Criminal Code, 1991, and Article 26 of the Weapons and Ammunition Act, 1986, revocation of the death penalty under Article 45 (b) of the Child's Act and replace it with life imprisonment as from being in jail. The penalty shall be applied consecutively and here, we note that if the acceptance of the penalty in conviction is contrary to the child's Act, that there was the strong evidence of the child, the reverse of the decision, along with the pregnancy and the medical report stating tearing of the hymen. 3

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