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Retrial in sodomy case ordered

ABU DHABI — The Federal Supreme Court has ordered the retrial of a UAE citizen, Adel Humaid, who was convicted of sodomising a minor and sentenced to seven years in jail.

The court ordered the convict's retrial after it was proved that the victim was over 14 years old. Article 354 of the Federal Penal Code holds that coercion exists if the victim is under 14 at the time the crime is committed.

The public prosecution had on February 15, 2004, accused the defendant of raping HH, whose age was less than 14. In its indictment sheet, it said the defendant had lured the boy to an open area before sodomising him without his consent.

It demanded that he be penalised in accordance with the Shariah rules and Article 354 of the Federal Penal Code.

Al Dhafra Shariah Criminal Court sentenced him to seven years in jail with effect from the date of detention.

The defendant contested the verdict at the Criminal Court of Appeal, which, on April 4, 2004, turned down the plea and upheld the lower court's ruling.

The convict moved the Supreme Court arguing that the victim had already turned 14 when the incident took place and therefore the verdict was faulty and should be quashed.

The apex court sustained the petition saying it is sound as Article 354 of the Federal Penal Code regards coercion as established if the victim's age was less than 14 when the crime occurred. Article 10 of the same law considers the periods and dates as calculated by the solar calendar provided in the law unless the latter provides otherwise, the court held.

It is established and proved in the documents that the victim was 14 years and two months, and the verdict issued by the court did not take notice of this fact and therefore the verdict was faulty. Accordingly the apex court ordered on June 26 the retrial of the defendant at the Criminal Court of Appeal.

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