execute the whipping sentence and to set them free after paying the fine for violating article 153Criminal. Now, Mr. Fadhul Al Marji Adam Musa has filled an appeal with us to review the issued sentence by the above mentioned National Supreme Court; we accepted the appeal in form. He stated his reasons for the request that the judgment of the National Supreme Court is in violation to proper procedures of evaluation evidence, and in violation of the Sharia laws and of the law. He argued the evidence presented by the persecution were not sufficient proof according to the Sharia law, or according to the law governing the establishing of a crime; [He argued] the statements of the applicant alone should not be considered without any testimonies, and that the court violated the law when considered the applicant as a witness. The memorandum went on extensively on this point. As of regard to the judicial confessions, [he argued] the court failed in this regard as well and that the prior sexual behavior with her consent denies the existence of the crime of rape; and regarding what has been stated on the medical report, [he argued] the report has been designed in her favor and as to the beating that befell the applicant which amounted to two face slaps, [he argued] it came about was because the two accused discovered that she maintained a relationship with both of them. The lawyer thus requested in the end to reject the sentence of the supreme court and endorse the sentence of the appeal court. A reply to the request of the lawyer was presented by Mr. Al Sadiq Hassan Mohammed Idress in which he stated that what the lawyer of the applicant provided does not constitute the factual truth, maintaining that it was not true that the court had based its decision on the statements of the applicant alone. [he argued] that there the evidence proves [the accusation] beyond any level of reasonable doubt, and that these evidences were accepted within the exhibits, and that the applicant statements were not performed under oath and therefore she is not a witness, or an expert witness; the memorandum elaborated extensively on the subject of Testimony of the Expert. The facts are clear and evident in the files of the criminal case, and point clearly to a case of rape under force … After deliberations review of the documents, I am of the opinion that the sentence passed by the National Supreme Court came in accordance with both the Sharia laws and the law, contrary to what the review memorandum has stated. [this is because] what has been established from the criminal claim that there were some evidence made available and were presented by the applicant. And these are not just the statement of the applicant, and the confessions of the accused, and the medical laboratory report alone. These evidences are sufficient to indict, specially in cases of sexual crimes, which are usually conducted in hiding, specially that this crime happened in the wilderness where a cry for help is useless. This dismisses the claim of victim’s consent, after the physical beating she endured for that, I am of the opinion of reject the request of review … (signature) Awad Hassan Awad Judge of the National Supreme Court 3/12/2017 I agree with the rejection of the request to review.

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