established that these sexual relations were not consensual, hence a doubt
remains;
that the elements constituting the offence do not exist; that the offence is not
established against SAWADOGO Abdoulaye; that it is therefore appropriate to
release him for the benefit of the doubt;
B. Civil interests
Whereas according to article 418 of the Code of Criminal Procedure, “Any
person who, in accordance with article 2, claims to have been injured by a
crime may, if he/she has not already acted, file a civil lawsuit, either before the
hearing or at the hearing itself.
It is not compulsory to appoint a defence lawyer.
The civil party may, in support of his or her action, claim damages
corresponding to the prejudice caused to him or her”
Whereas S. Y-w M was a civil party at the hearing in accordance with Article
418 above;
Whereas the acts alleged against S. A have not been established;
whereas, consequently, S. Y-w M's claim for damages should be dismissed;
C. COSTS
Whereas, according to the provisions of Article 321-97 of the Code of
Criminal Procedure, in the event that the sentence is not handed down against
the accused, the expenses and costs shall be borne by the public treasury; since
the offence has not been established against the accused, the costs shall be
borne by the public treasury;
UPON THESE GROUNDS
Ruling in a public hearing following full trial of a criminal matter in first
resort, the court;
- acquits S. A from prosecution on the basis of the benefit of the doubt;
- consequently, rejects the filing of S. Y-w M as
a civil party;
Places the costs at the expense of the Public Treasury
Thus acted, judged and pronounced the aforementioned
day, month and year; And signed
THE PRESIDENT
THE COURT REGISTRAR.