What has been said by the first opinion Judge is correct although his opinion was opposed to by the
second circuit judge and approved by the third circuit Judge, applying his inspection authority under
section (188) and finally upholds the first instance court judgment.
Hence, I think the final order shall be under section (185A) read with section (188) of the Criminal
Procedure Act 1991 and its subsequent amendment and it should be upholding the first instance court
judgment being the suitable measure according to the last paragraph of section (188) refers to above.
The process of applying the power of inspection and examination could have been fair and just under
the said section should the second and third circuit judge’s judgment ended in quashing the conviction
and punishment inflicted or reducing the same.
Therefore, I rule the correctness of the first opinion circuit judge, and I am on the course of applying
the power of criminal inspection, ruling that appeal filed before the court of appeal is filed after the
expiration of time limit. The appeal time - specified to be 15 days- had lapsed as per section (184) of
the Criminal Procedure Act 1991 and that the time calculation should be from the date of passing the
judgment and not from the following day of such date as alleged by the applicant.
The term of (the commencement the period of appeal shall start from the first day following the
announcement of judgment is mentioned as an example, in section 188 A-3 of the criminal Procedure
Act 1991. as amended 2009 as well as 1998 – (the time for review is 60 days commencing from the
second day of pronouncing the judgment or the summoning of the applicant if he is not in attendance
of the judgment pronouncement session.) Likewise it is stated in section 159 of the Civil Procedure
Act 1983 and its subsequent amendment dated 2005, 1996 Section 159 reading (the time for objection
against the judgment or judicial order shall be computed as from the following day of the judgment
declaration if the applicant has attended the session or he has been summoned to attend and did not
attend)
It seems wise to uphold the ruling of the first circuit Judge of the court of appeal opinion which is the
subject matter of this application for inspection.
Even though the majority decision has come without resulting in the applicant granting a judgment in
his favor subjectively, I agree with the first opinion Judge of the court of appeal circuit to that effect
on a different reasoning namely that the appeal has been submitted after the expiration of time limit
provided for in the law.
And where as I have agreed to the decision of the opinion of the first circuit member of the court of
appeal, e I rule quashing this criminal inspection (examination) application too.
Hashim omer Abdallah Mohammed
Supreme Federal Court Judge
7/4/2016
Hassan Ahmed omer Musa Member
Supreme Federal Court Judge
11/4/2016
Final order
1- Quashing this inspection application
2- the applicant should be notified of that Hashim omer Abdallah Mohammed
Supreme Federal Court Judge
Circuit President
19/4/2016
Mohammed Mustafa Hamd Member
Supreme Federal Court Judge
17/4/2016