Considering that all parties have appeared and that it is
appropriate to adjudicate the matter;
On merits
Facts and procedure
Considering that it appears from the procedural records
that on 05.03.2019 … the Diamniadio police was seized by
madam… with complaint against …. and… on allegations
of rape and pedophilia on her daughter being 11 years old;
That the police went to the place where the offences had
allegedly been committed and arrested … while …
escaped when he saw the police coming;
Considering that in the interrogation statement, the
complainant stated that her daughter was recurrently
scratching her belly due to pains she had, which pushed
her to take the minor to the clinic where a doctor confirmed
she had been abused sexually and which she charges to
the accused;
That the victim… confirmed the accusations by her
guardian stating that… raped her on the balcony of their
house, … in the garden;
That, while…. was interrogated, he denied the facts,
stating he never had sexual intercourses with the girl…;
that, to him, this story was cooked up by the complainant,
even though he acknowledged the good relations that exist
between their two families; that he was diabetic, which
even led him to break up with his young wife after four
months of marriage in 2015 because he could not satisfy
her sexually; that when presented to the public
prosecutor, he was charged with rape of a minor of
thirteen years and pedophilia, then brought before the
court for suspects caught red-handed, which confirmed
these charges, through the contested decision;
On the appeal
Considering that appearing before the court on 24
December 2019, the accused maintained his statements
made at the hearing of the first instance, denying all the
facts; adding that madam... , the custodian of the girl, had
proposed to him to negotiate with the family, which he
refused;
That he added that even though he got married in 2015, it
was a year earlier that he felt he could no longer have