After perusing the minutes of the case, evidences submitted before the Trial Court, the
judgment issued by the Trial Court and the decision issued by the Court of Appeal;
I agree with the Trial Court and the Court of Appeal thereafter as to the soundness of
conviction of all accused under SS. 21/149 of the Penal Code 1991, as it is evident of
complainant’s testimony, the enclosed medical report and the direct and indirect evidences
that corporate the complainant’s testimony. I also agree with the Trial Court in convicting
the accused No. (4) under As. 78/(1)(2) of the Penal Code 1991, based on his judicial
confession before the Court and I find that, the conviction is not subject to any objection by
whosoever, therefore, I decide to confirm it.
Regarding the punishments, with regards to which the supplications have been submitted, I
believe that all convicted persons are young and are all below 21, that although they have
committed a serious offence within the community, but I find they are young and in a very
promising age and because of the family conditions stated in the supplications submitted
before this Court I decide to reduce the imprisonment imposed on all of them to three years
instead of five years as of the date they were put in detention on 24/12/2015 and I uphold
all other punishment issued against them, if my respectful colleagues in the circuit agree.
Babikir Mohamed Babikir Al Tinnay
Supreme Court Judge
20/09/2016
Hassan Ahmed Omer Musa
Supreme Court Judge
22/09/2016
Hashim Omer Abdullah Mohammed
Supreme Court Judge
03/10/2016
Final Order:
Court :
Order:
1- Reducing the imprisonment term for all convicted to be (3) three years, commencing
on the day they have been detained on 24/12/2015.
2- Uphold all other punishments.
Hashim Omer Abdullah Mohammed
Supreme Court Judge
Head of Circuit
03/10/2016