asked the court to acquit the suspect for the accusation of
attempt of rape and sentence him for assault and battery
which resulted in temporary incapacity to work for 15 days
of deprivation of liberty;
The suspect made his submissions;
The Registrar took note of the submissions;
The debates were closed for deliberations;
After its deliberations in accordance with the law, the court
made the decision in following terms:
THE COURT
Whereas, according to the interrogation statement
No….dated May 25, 2018, Mr… was brought before this
Court, in any event before the prescription of the criminal
action, on allegations to have attempted in Pikine in 2018,
using violence, coercion, threat to have sexual relations
with…., to have exerted assault and battery on the minor
resulting in temporary incapacity of work for 15 days;
Offences provided and punished by articles 320, 320 bis
and 307 of the Penal Code;
ON MERITS
On the criminal action
Whereas the public prosecutor asked for the acquittal of the
suspect for the accusation of attempt of rape and applied for
15 days of imprisonment for the suspect for assault and
battery;
Whereas while he was being interrogated, the suspect
denied the facts;
Whereas counsel for the accused submitted that the
suspect could be released on basis of the benefit of the
doubt;
Whereas based on the court records and debates in the
hearing, there is doubt as to whether the accused attempted
to commit rape;
That he should be acquitted for that accusation on the
ground of the benefit of the doubt;
That he should however be found guilty for assault and
battery and sentenced to pay a fine of 50,000 FCFA;
On Civil damages
Whereas the civil action was duly initiated and that the
claimant of civil damages asked for 500,000 FCFA;

اختر الفقرة المستهدفة3