(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. GASM EL SEED MOHAMED SALH

AC-CP-45-1965

Principles

·  Criminal law-Sentence of fine-Penal Code, s,318,does not impose an obligation of passing a sentence of fine. Accused was convicted under Penal Code, s,318 and the court passed sentence of imprisonment and fine.

Held: finding and sentence of imprisonment are confirmed but the sentence of fine is cancelled because Penal Code, s,318 does not impose an obligation  on court to pass a sentence of fine, but it makes it imperative to pass a sentence of imprisonment.

Judgment

El Rayah El Amin J. October 2.1965;-It seems that the court is under misapprehension  that in case of conviction under Sudan Penal Code, s,318, sentence of imprisonment as well as a sentence of fine shall be passed, as the wording of the section is as follows:

“Whoever has carnal intercourse against the order of nature with any person without his consent, shall  be punished with imprisonment for a term which may extend to 14 years and shall also be liable to fine.”
 

This is not a correct interpretation for the wording of the section. This section makes the passing of imprisonment sentence imperative but it does not necessitate the passing of  a sentence of a fine as well.

Hence a term of imprisonment  only can be passed on conviction. On perusal of the record , I am satisfied that there is sufficient evidence to convince under Penal Code, s,  93/318.

Therefore ,by authority of the Honourable Chief Justice, I confirm finding, order and sentence of six years, imprisonment, but I cancel the sentence of fine.