ON THE OTHER HAND; During the appeal, the State Counsel of Faso stated that he had summoned the aforementioned accused to appear before the Court at the hearing of today, 23 October 2009, to defend themselves on account of the abovementioned prejudice; The accused appeared at the bar on September 18, 2019, in accordance with the provisions of Articles 321-15 et seq. of the Code of Criminal Procedure; Then, the documents in the case file were read out; The case was referred to the hearing of October 09, 2019, to ensure the proper administration of justice; On that date, the President informed the accused that he had the right to request a delay to prepare his defence; the accused thus requested that the case be referred to the hearing of October 23 to appoint a counsel; On that date, the accused was questioned; The witness was then examined; before giving evidence, the witness took an oath to tell the whole truth and nothing but the truth; The victim filed a civil claim; The submissions of the Legal Department were heard; Having received the floor in last position, the accused made his arguments to defend himself. The Registrar recorded the statements of the witness and the responses of the accused; At the end of the public hearing of October 23, 2019, the Court delivered the following judgement in accordance with the law: THE COURT Whereas S. A is prosecuted before this Court following a flagrante delicto proceeding dated September 13, 2019, and his appearance under escort at today's hearing on October 23, 2019, for: Having committed in Kongoussi, on 8 September 2019, in any case, a period of time not covered by the statute of limitations, by violence, coercion or surprise, an act of sexual penetration of whatever nature on S. Y-w M; Acts provided for and punished by article 533-10 of the penal code;