Case No.:

AC-CP-87-1959

Court:

Major Court Confirmation

Issue No.:

1961

Principles

·  Criminal Law—Penal Code, s. 251 for infanticide by unwed mother

Accused killed her illegitimate child immediately after its birth. She was convicted of murder under Penal Code, s. z and sentenced to death.
Held: Because there is no special law of infanticide in the Sudan, conviction of murder is confirmed, but in accordance with practice the sentence of the mother is altered to two years.

Judgment

(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. ZAILA FADL EL MOULA

AC-CP-87-1959

M. A. Abu Rannat C.J. May 2, 1959 :—The facts show that accused gave birth to a newly born child and that she either threw it on a hard

object or applied a hard object on its head and thereby caused its death. The accused denied this fact, but the evidence is abundant that she did it.

However, e discloses that the child was illegitimate, that no midwife was employed, and that she must have disposed of the child immediately after its birth.

In my view, at the time of the act the balance .of accused’s mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child.

In other words, this woman committed the offence of infanticide which is not known to our law, though we apply the principles behind it.

Sentence

The normal sentence which the confirming authority pass is two years’ imprisonment, thus, I alter the sentence to two years’ imprisonment as from the date of her arrest.