Whereas the girl xxx, heard subsequently at the preliminary investigation and before the bar
and in the presence of her tutor, maintained that on October 27 after dinner, she went with her
sister to a dance ceremony which was held in the public square of the village, that on the spot
while she was alone, a person came to ask her to go buy her sweets, which she refused, then the
person later known as xxx held her by the forearm to drag her in the direction of the outskirts of
the village, took her into the tall grass despite her cries, near an unfinished building where he
took off her underwear and was getting ready for the sexual penetration sexually, but because
of her cries a lady who lived in a neighboring house came to her aid, which led to xxx to flee
before being caught by the young people of the village;
Whereas the defendant explained during the police investigation that he admits to being the
author by explaining that on that day he had a strong desire for sex and having seen a girl
alone, he asked her to go and buy him some candies by giving her a 200-francs, that when the
latter refused, he led her into the bush, holding her by the forearm, on the outskirts of the
village where he undressed her and began to caress her sex, adding that when he was about to
penetrate her, the girl screamed loudly, which alerted a lady who came to her aid, which
compelled him to flee before being caught;
Whereas before the bar the defendant denied the facts by arguing that he did not want to do
anything to the girl, that he simply asked her to accompany him to show him a path he was
looking for, that in on the way the girl who did not know the place got scared and shouted
alerting the inhabitants;

On pedophilia;
Whereas article 320 bis characterizes as pedophilia any gesture, caress, touching, pornographic
manipulation, or use of images or sounds for sexual purposes on a minor under the age of
That it is not in dispute that xxx is under the age of 09;
Whereas she has constantly stated that the defendant took her overnight to an isolated place
where he undressed her and caressed her sex;
That during the police investigation the defendant confessed in full detail that he had undressed
xxx and caressed her sex and was even preparing for penetration;
Whereas xxx heard as a witness declared that on the day of the events when she was alerted by
the shrill cries of a girl, she approached and saw a girl named xxx in tears with her panties
down and at the same time saw xxx flee before he was caught by the young people of the
That the confession of the accused made at the preliminary investigation, the constant
statements of the victim, the damning testimony of the lady xxx as well as the circumstances of
the arrest in into the act of the defendant are all evidence of commission by the defendant of
acts of pedophilia on the young girl xxx, aged 9;

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