Considering that, beyond these uncertainties and the persistent discrepancy in the parties' statements, it is important to note that the incriminated facts were initially attributed both to the accused and to the person named ... who became untraceable after he escaped, as confirmed by his own wife ... who was heard during investigation; That it should be recalled that in this matter, criminal responsibility must be individual and cannot be hypothetical; Considering that thus, in view of the objective elements mentioned above, it must be retained that the responsibility of the accused for the facts is hardly established beyond doubt; That it is therefore appropriate to overturn entirely the contested judgment and consequently to declare the accused acquitted; FOR THESE REASONS Ruling publicly in presence of parties in correctional matters and at appellate instance; On procedure Declares the appeal admissible; On merits Overturns the contested judgment entirely; Deliberating afresh: Declares the accused acquitted; Orders the costs to be borne by the Treasury; Thus done, tried and pronounced by Dakar Court of Appeal on the above day, month and year. And have signed the President and Registrar./-

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