with full knowledge of the reprehensible nature of their
acts;
That, in short, the elements constituting an indecent
assault are present; that it is appropriate to reclassify the
acts of attempted rape initially charged against the accused
as an indecent assault, that he should be found guilty of it
and be convicted of it;
3
Sentence
Whereas under the terms of Article 533-7 of the
Penal Code "Any indecent assault committed or attempted
with violence, coercion or surprise against persons of either
sex shall be punishable by imprisonment for a term of 1
(one) to 3 (three) years and a fine of CFA 500,000 (five
hundred thousand) to CFAF 1,000,000 (one million)".
Whereas in this case, T.D, S.H and O.E, all minors
at the time of the events, are found guilty of indecent
assault; in addition to their minority status, they are all
first-time offenders; that in order to combine the dissuasive
and resocializing nature of the sentence, it is appropriate to
grant them the provisions of articles 717-4 paragraph 2 of
the Penal Code and 694 of the Code of Criminal Procedure,
by sentencing each of the three to a suspended prison term
of 6 (six) months and a fine of CFAF 250,000 (two
hundred and fifty thousand);
4 Costs
Whereas Article 473(1) of the Code of Criminal
Procedure provides for that “any judgement of conviction
handed down against the accused and possibly against the
party liable in civil proceedings shall condemn them to pay
expenses and costs to the State..."
Whereas in this case, T.D, O.E and S.H were found
guilty of indecent assault; that they should be ordered to
pay the costs;
B Civil action
Whereas pursuant to Article 2 of the Code of
Criminal Procedure, any person claiming to be the victim
of a criminal offence may seek compensation before the
criminal courts hearing the criminal proceedings;
Whereas at today's hearing, O.W.N and O.W.N
filed a civil action and claimed as damages, a sum of CFAF
10,000 (ten thousand) to compensate for the loss of their
CFAF 10,000 (ten thousand) francs which occurred at the
time of the events; whereas it is understood that their claim
is justified; it is appropriate to receive them as civil parties
and declare their claim well founded;