When invited to give her version of the events, K.M, the victim's mother, described the events as recounted by the victim, but added that when she arrived in front of the suspect's shop, she heard a noise coming from the bushes; that, to get a full picture, she projected the light of her torch towards the place where the noise was coming from; that she saw a naked boy leaning over her daughter who was also naked; that she threatened them and used a stick to separate the boy from her daughter; that this boy, who happened to be G.S alias Kakaga, went to the Divisional Officer of the Barga Division to complain on the grounds that he had been beaten by her; that the administrative authority, after hearing them, advised them to refer the matter to the police; G.S alias KaKaga, who was arrested and questioned during the police investigation, readily admitted the facts. He stated that in the evening of October 3, 2019, he ordered food in a restaurant near his shop; that shortly afterwards a girl arrived in front of his shop with his order, namely a dish of tô; that at the sight of the girl, he held back in vain from the desire to have sexual relations with her on the spot: that this is how he declared his desire to the girl, who said that she would reply after having served other customers; that as his instinct had not allowed him to free the girl, he pulled her by force towards a field of sorrel not far from his shop, succeeded in undressing himself and the girl; that, however, when the time came for the sexual act, the girl's mother pointed at them with the light of a torch and threatened them; that he was therefore obliged to free the girl; and that, had it not been the arrival of the victim's mother, he would have succeeded in forcibly having sexual intercourse with her; Upon completion of the investigation, the reports and the various documents were sent to the State Counsel of Faso who, on the basis of the evidence against him, instituted proceedings under the flagrante delicto procedure against G.S alias Kakaga for attempted rape, on the basis of articles 122-1, 122-2, 122-3, 122-4 and 533-10 of the Penal Code; G.S alias Kakaga, after being heard in the flagrante delicto investigation before the State Counsel of Faso, reiterated these statements made during the preliminary investigation; Appearing at the hearing, the mother stated that she used a stick to force the abuser to leave her daughter; that the intentions of G.S alias Kakaga did not succeed because of the fierce resistance of the victim who escaped with a torn loincloth and the arrival of her mother as a backup; that, moreover, the accused admitted at the bar that, had it not been that he was surprised by the victim's mother, he would have succeeded in satisfying his sexual instinct by forcibly having sexual relations with the victim; It should be noted that the accused did not voluntarily withdraw from his action, the abandonment of his criminal plan being due to the arrival of K.M, the victim's mother; that there is therefore no voluntary withdrawal; Whereas, moreover, the accused was aware of the criminal nature of the acts he was attempting to commit, as evidenced by his modus operandi consisting in forcibly dragging the victim out of people's sight, the fact of obstructing the victim's voice by using her loincloth to prevent her from calling for help, and was