Retrial for six students in boy’s assault case

ABU DHABI — The Federal Supreme Court has ordered retrial of six school students charged by the public prosecution with physically assaulting a 14-year-old boy in Fujairah after they were exonerated by the lower courts of sexually assaulting him.

By Adel Arafah

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Published: Sun 18 Jun 2006, 10:30 AM

Last updated: Sat 4 Apr 2015, 7:23 PM

The case dates back to February 20 last year when the public prosecution in Fujairah charged students Khaled Hassan,14, Faisal Mohamed, 15, Meteb Khalifa, 13, Abdullah Mohammed, 14, Haitham Ahmed, 15, and Abdullah Ali, 18, with forcibly abducting Abdullah Hassan, locking him and sexually assaulting him. The first and second convicts aggressively stripped and harassed him, while the others encouraged and cheered them.

The prosecution prayed that the students be penalised in consonance with the rulings of Islamic Shariah, and Articles 344, and 356/3 of the Federal Penal Code, and Articles 7 and 15 of the law related to homeless and delinquent minors.

The Fujairah Shariah Criminal Court unanimously set the accused, who were present, free on June 19 last year. The prosecution contested the verdict with the Fujairah Criminal Court of Appeal, which confirmed the earlier judgment on August 1.

The prosecution moved the Supreme Court, contending that the previous ruling should be declared null and void as it had hurriedly exonerated the accused without dissecting the elements of assault in full.

The forensic report asserted that the victim received several injuries from the first and second convicts. The court had to penalise the accused as per Article 339 of the Federal Penal Code, as it was proved that they had abducted and assaulted the victim, the prosecution argued.

The apex court sustained the prosecution's rebuttals, pointing out that the victim, as per the forensic report issued by the Fujairah Police Station on February 20, 2005, did suffer a 4 in.10 cm. deep congested tumefaction and anal bruises indicating physical, not sexual assault, with a hard object.

Accordingly, the Supreme Court on May 6 last, partially annulled the earlier exoneration verdict, and sent the case back to the Fujairah Shariah Court of Appeal for a fresh hearing, but by a different bench of judges.

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