KCC 1062/2016

This case involved an individual who had kidnapped a victim in order to sexually assault him. Key issued were the sentencing and the validity of the victim's evidence.

Background

The office of public prosecution accused a defendant of kidnapping a victim in order to sexually assault him. The office requested the court to penalise the defendant according to the relevant laws.

The court ruled that the defendant should be imprisoned for ten years.

The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and suspended the announcement of the ruling on the condition that the defendant paid a guarantee of 200 Dinars and demonstrate good conduct for one year.

The office and the defendant had appealed the ruling before the court of appeal. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the testimony of the victim was not honest.

Decision

The court said that this argument was invalid. The court said that the court had considered all aspects of the case properly and established the ruling on the grounds of solid evidence including the victim’s testimony