Whereas O.W.N, declares after the accused that during the night of 21 to 22 September 2018, she went with her twin sister and others to the bar named above to watch an artistic performance; that at one point, the desire took her to relieve herself; that to do so, she had asked her sister to accompany her out of the bar so that she could relieve herself; that this is how they went in front of the Head Office of the Zood-nooma association of Kongoussi; that as she was relieving herself, a group of three individuals surrounded her; that one grabbed her arms from behind while the other two in front of her started unbuttoning her pants and felt her breasts; that in spite of her resistance, they succeeded in knocking her down; that they were saved by passers-by alerted by their cries; that she had, during the events, lost the sum of CFAF 10,000 (ten thousand); Whereas a cross-reading of the various statements made before the court and other elements of the case file indicate that O.W.N was indeed the victim of sexual touching by the accused and his companions; that the accused reiterated at the hearing that he had sexually touched the victim against her will; that there is therefore no doubt that the accused touched the victim in a violent manner with a sexual connotation; that even if it has been proved that, had it not been for the resistance of the victim and the intervention of the above-mentioned witnesses, the accused would not have desisted from his undertaking, the investigation at the bar has not made it possible to establish that his actions clearly tended to penetrate the victim sexually, and that the hypothesis of attempted rape should therefore be rejected; Whereas, however, the same actions of the accused may be classified in a different way, in this case as an indecent assault; whereas, according to Article 533-2 of the Penal Code, "Any act of a sexual nature contrary to morality committed directly and intentionally on a minor or with violence, coercion or surprise on an adult constitutes an indecent assault; Whereas the acts of groping the breasts of the victim committed by the accused are of a sexual nature; whereas these acts, which are contrary to the morality of Burkinabè, in that they shock social morality, were committed by means of coercion, as evidenced by the circumstances of the acts described above; That although the accused was a minor at the time of the events, an analysis of the events suggests that he nonetheless acted with discernment; that by screening the victim and her sister and waiting for them to isolate themselves before attacking them, he testified that he had previously thought carefully about his act, from which he acted with discernment; that it also appears from his statements made at the bar that he acted deliberately and