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Death verdict in rape case commuted as victim is ‘habitual’
By Amira Agarib

30 November 2005
SHARJAH — In a strange case, the Sharjah Court of Appeal has recently commuted the death sentence of 17-year-old Yemeni national Tareq S. M. to just one year in jail because the victims was found ‘habitual’. Tareq was accused of exploiting a national boy.

The police did not find the accused, so the court sentenced him to death in absentia.

The police criminal department started a search for the accused until he was arrested in August and a retrial was ordered. During the police and public prosecution interrogation, the accused denied the charge and said he knew the boy, but did not rape him, and that he would only talk to him when they played football. The public prosecution referred him to the Court of First Instance under the charge of forced rape. The Shariah Court of First Instance charged him as per the Shariah Law and Article No. 25 of the Criminal Law to a death sentence.

During the Court of Appeal trial, the lawyer who was appointed by the court appealed against the death sentence on the basis that the accused had denied the accusation, and said he was terrified and forced to confess during police interrogation. During the court interrogation, the UAE national said that he met the accused one-and-a-half year ago and he was forced to have sex with the accused as the latter had threatened to inform his friend and father.

The lawyer objected to why the father and the son did not inform the police earlier and that there was no proof or medical checkup when the incident took place. The lawyer of the accused Yemeni national asked the court to withdraw the death sentence and order the minimum sentence based on medical reports and to take into consideration the age of the accused before sentencing him as the accused was only 16 years old when the incident took place.

 


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