That he admitted having a red knickers and a black pair of trousers;
Considering that,…. who declared to be ten (10) years old, said that on the day of the incidents, her
grandmother had sent her to buy charcoal and that, soon after having sold her the charcoal, the accused
asked her to come closer to him for a commission he was to give to his grandmother; that he thus seized
her before taking off her panties to penetrate her, and that she was almost bleeding and in pain; that she
specified that he had raped her twice and that the second time was when she had gone to buy tuna;
That she specified that she had not said anything to her grandmother because he had threatened to take her
to a place where people were killed; that he raped her in a corner of the toilet behind the shop; that the
first time was around 10 a.m. and the second time was around 1 p.m. after school;
Considering that … grandmother of … declared that she had instructed her granddaughter to go and buy
charcoal because it was cold and therefore they needed to prepare warm water for bathing; that on her
return from school she noticed that … could not sit normally, did not look sound, was not eating,
complained of stomach aches and was vomiting, but told her that she had no problem when she sought to
know what had happened to her, though she realized that the shopkeeper had sold her a watch for 200
FCFA whereas it is worth 300 FCFA.
That she specified that she had to threaten her with a knife because of her strange behavior for her to
confess to her that … had abused her twice on Monday and the following Thursday; that the bloodstained panties had been sealed;
Considering that counsel for the accused noted that his client reiterated before the Court his previous
statements as did the victim, except that the latter told the Court that she forgot the color of the trousers
and the knickers that the accused was wearing, whereas she had earlier stated that the accused was
wearing a black pair of trousers and red knickers; that it is disturbing; that his client argues that he wears
torn black trousers and red knickers because he sells charcoal; That the girl did not present the pant which
she said was stained; that his client has consistently denied the accusations; that the shop of his client is
always busy with customers, and that it is incomprehensible that he could have the time to commit the
acts he is accused of; that his client argued that the first time he was not even around; that the medical
report attests to a breaking of the hymen sometime in the past, whereas it was only on Thursday that the
child was examined by the doctor for an act supposedly committed for the first time just the preceding
Monday;
That he ended his pleadings by asking the Court for the reversal of the judgment in all its provisions and
for the release of the accused;
Considering that the Prosecutor began by recalling the devolutive nature of the appeal which allows the
Court to assess the entirety of the procedure, then noted that the accused was inconsistent in his
statements; That the matter dates back to February 2019 when t the victim was 09 years old; That she had
been recommended for a commission from the known neighbor who sold charcoal; That the grandmother
could not imagine that her daughter was going to be abused, but she was careful to notice her daughter's
unusual behavior; That the logic of seasoned adults is not that of a 9-year-old girl who naively followed
the accused. That is indeed guilty of rape, pedophilia and abduction of a minor; That the decision must be
confirmed; That the rape is evident; That the victim's version is credible by the circumstances of the facts;
That the consistency of the statements of a 09-year-old girl for facts dating back to 02 years is edifying;
That she had said that … was wearing black trousers and red knickers, and that it was what the
investigators found in the accused's house and it was the girl who spoke about it first; That the facts are
constant; That the medical report is edifying; That there was a tear without deep penetration; That the
girl's panties were found in the laundry and added to the file;
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