2024-01-22 17:38:00
07:38 PM Monday, January 22, 2024
Referring an accused to the Mufti
Books – Mahmoud Saeed:
The 26th Criminal District of South Giza, held in Zeinhom, referred an accused person accused of kidnapping his wife’s sister and raping her to His Eminence the Mufti to obtain a legal opinion regarding his execution. The hearing was set for January 22 to pronounce the ruling.
The prosecution had referred the accused, Mustafa S., a plastic surgeon, to accuse him of raping M.A., 15 years old, his wife’s sister, while she was living with them, by secluding herself with her, taking advantage of his wife’s absence and her being under duress. He also kidnapped her inside another apartment he owned by deception and raped her once more, taking advantage of her smallness. her age.
Dr. Abdullah Muhammad, the victim’s lawyer, called for the maximum punishment to be applied to the accused due to the application of the text of Article 267 of the Penal Code, which states that “Whoever has intercourse with a female without her consent shall be punished with death or life imprisonment. The perpetrator shall be punished with death if the victim has not reached eighteen years of age.” A full Gregorian calendar year, or the perpetrator was a descendant of the victim, or one of those responsible for her upbringing or supervision, or someone who had authority over her, or he was a paid servant for her or for those mentioned above, or there were multiple perpetrators of the crime.
The defense explained in its pleading that the elements of the crime were present, including the physical elements, the criminal intent of the accused, and the presence of aggravating circumstances for this heinous crime. These circumstances are, firstly, the age of the victim, who did not exceed 18 years of age. Secondly, the accused is considered an ascendant of the victim, i.e. one of those responsible for her upbringing or supervision.
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