Due to the lack of evidence of the papers ... and his imprisonment for 6 months on the kidnapping charge

The innocence of a young man was accused of attempting to indecent assault on a child

The Criminal Appeal Court in the Ras Al Khaimah Courts has ruled to revoke a judgment issued by the Court of First Instance to imprisonment of a (Gulf) defendant with life imprisonment for attempting to defil and threaten a child, and ordered his acquittal of the charges against him, and his imprisonment for six months for the charge of kidnapping and assaulting the safety of the victim.

The Public Prosecution in Ras al-Khaimah accused the accused of kidnapping the victim, after he had deluded him to drive him to his home, and drove him to his car to a dark and empty place, locking the car doors with the intention of assaulting his honor, and using coercion to initiate the indecent assault on his honor, by punching him with his fist and striking his head and hand With a knife, asking him to enable him from himself, but the victim resisted him and fled the scene.

During the trial session, the accused denied the charges against him, and the court of first instance ruled to punish him with life imprisonment, and ordered that he be prevented from residing in the area in which the victim resides within five kilometers, but the verdict was not accepted by the accused, so he was challenged with an appeal.

The attorney of the accused, lawyer Ramzi al-Ajouz, confirmed that the elements of the crimes of kidnapping and attempted indecent assault are absent, and the papers are devoid of certain evidence, pointing out that the statements of the victim were sent and empty, and that the witness in the case, who is the son of the victim's maternal uncle, did not see or hear anything. Because the incident was inside the car, in a dark area, who could not be seen.

He explained, that the accused did not kidnap the victim, but rather drove him to his home upon the witness’s request, and thus the accused has no intention of kidnapping the victim, and the kidnapping crime is avoided.

He pointed out that the abdication of the victim (the complainant) in the case before the Public Prosecution, confirms that the incident had a different scenario than the one stated by the victim, and accordingly the defense demanded the annulment of the appealed judgment, and the judiciary again acquitting the accused from the charges against him.

According to the text of the appeal ruling, the case papers are devoid of evidence that the accused has committed the charges against him, as the court examined the case, its circumstances, and the evidence on which the accusation was based, and accordingly the court prefers the defense of the accused to the case.

She added that the court is not satisfied with the statements of the victim, the hearing testimony of the witness in the case, and the police investigations about beating him with intent to assault his honor, which is what the court decides with him to acquit the accused of these charges, and to cancel the appealed judgment.

She explained that what was established in the court's certainty was that the accused initially refused to accompany the victim, except after the witness's urging, and that the victim began to joke with the accused, which prompted the latter to warn him and veer to an empty place, and asked him to get off, and close the doors To prevent the victim from disembarking, and assaulted the victim with a knife, causing injuries. She pointed out that when the witness knocked on the car, the victim was able to open the car door and flee from the scene.

It stated that the incident had been proven that the accused deprived the victim of his freedom, and intentionally confiscated him in his car by force, and with him the court decides to accept the appeal formally, and in the matter to cancel the appealed judgment, and the judgment again to imprison the accused for six months for the first and second charges, and acquit him from the rest of the charges.

• The Public Prosecution office accused the young man of kidnapping the victim with intent to assault his honor.

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