DALOA COURT OF APPEAL
JUDGMENT W14 OF JANUARY 17, 2013
Assault and battery – Intentional assault and battery – The accused having been
recognized by The victim - Conviction.
The accused must be condemned for the facts against him, once he has been
recognized by his victim, the variations which have enameled his statements
from the preliminary investigation up to the bar of the Court of Appeal being
sufficiently edifying in that he was not unfamiliar with the impugned facts.
THE COUR
Considering the documents of the file of the procedure;
The public Prosecution, heard;
Together the facts, procedure, claims and submissions of the parties and reasons
below;
After having deliberated in accordance with the law;
OFFENCE
G was brought before the Daloa Correctional Court following the direct summons
procedure under the offence of having, at Digbapia S / P de Gboguhe, in the judicial
arrondissement of Daloa, on May 22, 2012, in any case since time not covered by
the time limitation, deliberately beaten and injured S., causing him total incapacity
for work (ITI) for 21 days;
Facts provided for and punished by articles 345-3 ° and 348 of the penal code;
FACTS AND PROCEDURE
On May 22, 2012, K. J, her face tumefied, presented herself to the Daloa city brigade
of police station where she lodged a complaint against the named G.N.B, to whom
she accused of having struck her a violent blow, with the aid of a wood;
She explained that, during funeral of G.T, while she publicly paid tribute to the
body of the deceased in accordance with the Bete custom, and this, in order to
wash away all suspicion, -G. N. B, his elder brother, grabbed a wood and gave her
a violent blow in the face, causing her injuries, as evidenced by the medical
certificate issued on May 22, 2012, by doctor A.Y.M, from the CHR of Daloa;
Interrogated about the facts, GNB denied them, arguing that on contrary to the
complainant's statements, he did not give her a single violent blow, even though
he had suspected her, because she had previously threatened to kill his late
younger brother;

Select target paragraph3