The Fujairah Appeals Court has acquitted three Gulf men accused of kidnapping and beating their neighbor, after the Court of First Instance sentenced them to six months suspended imprisonment.
The Public Prosecution referred three defendants to the judiciary after a notification was received from Dibba Al-Fujairah Police stating that Al-Khaleeji was kidnapped and beaten while in a state of drunkenness, as police teams handed over the investigation of the case to the Public Prosecution, after arresting the accused.
The victim indicated during the police and prosecution investigations that the first and second defendants (his neighbors) illegally seized his freedom, as they grabbed him in front of his door, paralyzed him and detained him despite his request for help and asking for help, and beat and handed him to the police station, in cooperation with their cousin who came Later.
The lawyer assigned to the defendants, Amna Al Zaabi, said in previous sessions that the ruling issued by a court of first instance violated the law and erred in its application when it relied on the merits of his ruling on the statements of the victim who was drunk and unaware of the events surrounding him, so the victim He must indulge him to offer the sister of the first and second defendants under duress, forcing them to take him to the Badiya police station for refraining from surrendering himself and confessing his crime.
Al-Zaabi continued: "By examining the facts of the case, we find that the defendants helped the law to bring the victim to the police, which defects the ruling issued by the court of first instance, and which it did not address in its findings."
She added: «It is decided that the cornerstone of the material kidnapping crime requires the perpetrator to carry out a positive activity that transports the victim from the place from which he was kidnapped to another place he takes to him with the intent to commit a crime against him, and by applying this to the incident, the primary ruling overlooked in its grounds the defense and evidence provided by the defendants Fundamental to their defense, in addition to the fact that the court relied on the conviction of the defendants only on the statements of the victim alone, without being supported by evidence that this was the case of the kidnapping and beating.
Al-Zaabi indicated to the court in her pleading that the court did not heed the statements of the defendants when asked before the police and on behalf of the injuries suffered by the victim, as it was because of his repeated falling to the ground while he was drunk, and therefore the medical report based on the ruling is not a presumption The accused committed the beating.
She noted that the witnesses of the incident were not taken into account, the policeman who was appealed to the victim by the appellants, as he proved that he was in a state of drunkenness, and was not in a natural state, in addition to that the witness confirmed the absence of any attacks on the victim, which indicates that the alleged incident did not occur, Referring to the contradictory statement of the victim in front of the police and the prosecution, confirms the innocence of the accused.
The victim confirmed that the two defendants had seized his freedom.