The misdemeanor court in the Ras Al Khaimah Courts Department acquitted a Gulf girl from the charge of insulting and threatening one of her relatives, misusing communications services, and rejecting the civil lawsuit filed by the victim.
The Public Prosecution indictment stated that the defendant had insulted the victim with words that would demean her over the phone, and threatened her with committing a felony against her son and her husband without the threat being accompanied by a request, order, or omission, and continued that the defendant exploited communications equipment and services to abuse her. To the victim and hurt her feelings.
The details of the incident stated that the victim received a phone call from a strange number belonging to the accused, as the latter cursed her and threatened her over the phone, and the girl denied what was attributed to her, and reported before the court that the victim was her relative and there was no reason to insult or threaten her.
The defendant's lawyer, Hanan Al-Bayadh, demanded her innocence of all the charges against her and the refusal of the civil lawsuit filed by the complainant, based on the maliciousness of the accusations against the girl, the unreasonability of the incident, the impossibility of her perception, and the absence of the elements of the crimes referred to the accused.
She explained that a criminal penalty may not be imposed on any person except after proven guilt in accordance with the law, and no one may be arrested, searched, detained or imprisoned except in the cases stipulated in the law.
On his part, the victim's lawyer, Abdul Khaleq Al-Najjar, demanded that the accused accept the civil prosecution list, impose the maximum penalty on the accused and compel her to pay 5,000 dirhams as compensation and a temporary civil, while preserving the victim's right to complete the rest of the compensation before the competent civil court, and obligating the accused to pay fees and expenses and in exchange for fees. The law firm.
And it was stated in the court's statement that it is agreed upon legally, by judiciary and according to jurisprudence that criminal judgments are based on certainty and not on mere suspicion and speculation, and that the doubt benefits the accused and is interpreted in his favor.
She added that the provisions of Article 211 of the Code of Criminal Procedure ruled that if the incident is not proven or the law is not punishable, the court shall rule the innocence of the accused and release him if he is imprisoned for this incident alone. Follow-up: If it is proven from the victim’s statements and the accused’s confession that she had contacted her By telephone, this did not suffice from conclusive evidence to prove her commitment to the acts attributed to her, as the case papers only included the statements of the complainant and her husband, not supported by any certifying evidence to support him in exchange for the accuser's denial.
She indicated that the civil lawsuit filed before the Criminal Court is linked in existence and not to the criminal lawsuit, and that as long as the acquittal is adjudicated in a criminal way, the civil lawsuit becomes without its legal basis and has no subject matter. Therefore, the ruling must be rejected, the accused acquitted of what was attributed to her and the civil case was rejected.