The Sharjah Court of Cassation has rejected a request by the Sharjah Public Prosecution to punish an Arab national with deportation, after he is accused of sneaking into a woman’s house and asking for her mobile phone number.
The details of the case go back to when the public prosecution referred the accused to the Misdemeanor court, where he is accused of crimes mentioned above, according to Article 121 of the Federal Penal Code.
The Court of First Instance then fined the accused of Dh1,000 for the charges. The public prosecution’s objection was with reference to the fine levied. The prosecution stated that the crime concerns the molester's honour and that makes the penalty of deportation from the state obligatory, not discretionary, for the judge.
The public prosecution didn’t accept that provision and challenged it before the Appellate court.
The public prosecution asked for deportation on the grounds that the defendant’s crimes come under a scope which make deportation mandatory, not discretionary, for the judge.
The Court of Appeal rejected this appeal.
The public prosecution then appealed it before the Court of Cassation.
The Sharjah Court of Cassation said that it rejected the appeal because the offender did not touch the victim.
The court added that that this means the accusations only concerns acts where the penalty of deportation is discretionary and not obligatory for the judge.