(CRIMINL REVISION)

SUDAN GOVERNMENT v. BASILI NICOLA £ND ANOTHER

AC.CR-REV-123-1 966

 Principles

·  Criminal Law—Obscene or indecent acts—Penal Code, S. 234—Acts must have been actually seen by others in order to annoy them

To convict under Penal Code, s. 234, the obscene or indecent act must have been actually seen by others in a public place and also in the meantime to annoy them.

Judgment

Advocate: Hanna George for the accused

El Fatih Awouda J. (By authority of the Chief Justice) May 25, 1966: -

I quash the findings and sentences under Sudan Penal Code, S. 234, in respect of both accused.

To commit an offence under Sudan Penal Code, s. 234, the obscene or indecent act complained of must have been done, among other things, to the annoyance of others, i.e., it must have been actually seen by others who were annoyed thereby. None of the witnesses for the prosecution saw the accused actually performing art act of sexual intercourse. When the police arrived at the scene each of the two accused was sitting with his underwear on. The act of sexual intercourse took place prior to the arrival of the police.