(CRIMINAL REVISION)

SUDAN GOVERNMENT v. SAEED ABDEL FATAH MOHAMED

AC-CR-REV-375-1967

Principles

  Evidence—Expert opinion—Needs corroboration Criminal Law—Intentional insult by letter—Sudan Penal Code, s. 443—No direct provocation to cause breach of the peace—There is time to cool down

(I) In a case of a handwriting expert’s opinion, corroboration is essential.
(ii) According to Sudan Penal Code, s. 443, where a person sends a written letter through which he intentionally insults the receiver, there is no direct provocation to cause such receiver to break the peace, because there is time to cool down.
 

Judgment

      Abdel Mageed Hassan J. September 9, 1967: —Applicant in this case had lodged an information against accused at Atbara under the Sudan Penal Code, S. 443. The case was seen at Atbara Police Magistrate Court and accused was set at liberty for lack of sufficient evidence to prove this case.

     On application to His Honour the Province Judge Northern Circuit on June 11, 1967, he saw no reason to intervene.

    Applicant is applying for reconsideration of finding. The evidence produced at the trial court was that of the handwriting expert. I am of opinion that that being the case there is not sufficient evidence. The

Handwriting, expert’s evidence is an expert’s opinion and it needs corroboration. Moreover, the writing of a letter insulting a person could not be tried under the Sudan Penal Code, s. 443, because it is important under the Sudan Penal Code, s. 443, that the insult should directly give provocation which would be likely to cause a breach of the peace. In the case of a letter there is no direct provocation and there is at least time to cool down.

    I am of opinion therefore that the finding of not guilty was correct and I see no reason to intervene in this application.

       Abdel Magid Imam J. September 17, 1967: —1 agree.

      Galal Ali Lutfi J. September 20, 1967: —I agree.

      ORDER: Abdel Mageed Hassan J. September 20, 1967: —We see no reason to intervene.