KCC 879/2015
This case involved an individual who had kidnapped, raped and robbed a victim. A key issue was the impact of the judge not signing the hearing minutes on the validity of the ruling,
Background
The office of public prosecution accused a defendant of kidnapping the victim in order to sexually assaulting her. The office also accused the defendant of robbing the victim and raping her. The office also accused the defendant of impersonation and possessing a firearm without legal approval. The office requested the court to penalize the defendant according to the relevant laws.
The court issued a life sentence against the defendant. The court ruled that the defendant should pay the victim temporary compensation of 5001 Dinars.
The defendant and the office appealed the ruling before the court of appeal. The court dismissed the defendant’s appeal. The court amended the appealed ruling and issued a death sentence against the defendant and upheld the appealed ruling otherwise.
The defendant appealed the ruling before the court of cassation. The defendant said in his grounds of appeal that the ruling had erred in the application of law. He said that the hearing minutes have not been signed by the relevant judge.