In the presence of Madame KEITA Djénéba KARABENTA:- Deputy Attorney General at the Bamako Court of Appeal, representing the THE STATE, With the assistance of Maître Djénébou KODIO, Court Registrar at the said Court; Ruled as follows: THE COURT MINDFUL of the record of the proceedings against: Lassine DIALLO : Born around 1983 in Kabaya, to Djoume and Fanta SIDIBE (both deceased), driver resident in Kabala, of Malian nationality, who claims that he has never been convicted, has not done his military service; Committal Order of 12/01/2014 Charged: with Rape, Public Indecency (Acts provided for and punished by the provisions of articles 224 and 226 of the penal code); Mindful of the final written submissions forwarding the procedural documents to the Attorney General of the Bamako Court of Appeal on 26/5/2015 of the State Prosecutor at the High Court of the Commune V of the Bamako District; Mindful of the final order to forward the procedural documents to Attorney General at the Bamako Court of Appeal on 4/6/2015 from the Examining Magistrate of the 1st Chamber of the High Court of the Commune V of the Bamako District ; Mindful of the written submission of the Deputy Attorney General of the Bamako Court of Appeal, of 29th December 2015 for the indictment and referral order, before the Court of Assizes, of the aforementioned person; Considering that the investigation proved the following facts; In 2014, late in the night of November 10 to 11, Miss Adam ONGOIBA, who wanted to go to Ngolonina, boarded a taxi driven by Lassine DIALLO. The latter, spurred by a bad intention, took another customer bound for Baco Djicoroni. After dropping off the said customer, he stopped halfway on the side of the public road and asked her to fondle him before sexually assaulting her. She was only rescued by police patrol. The inquiry and subsequent investigation launched resulted in his indictment for rape and public indecency; Whereas Lassine DlALLO admitted during questioning that he had sexual relations with Adam ONGOIBA on the public road, but with her consent. ; whereas his statements were disputed by