Tall Aliou is a first-time offender for having
never been sentenced before; that although he
tried to deny the facts at the hearing, he ended-up
acknowledging them following the court’s
examination of the case file; that since then he
has been expressing remorse and regrets what he
has done; that speaking last he requested
clemency from the court; that all these elements
act as mitigating circumstances which it would be
proper to add to his credit; that despite the
seriousness of the offence for which he was found
guilty, it would be proper to grant him a partial
suspended sentence rather than sentencing him to
an actual prison term of 48 (forty-eight) months
and a fine of CFA F 1,000,000 (one million);
CIVIL ACTION
1- As to form
Whereas article 321-40 of the Criminal
Procedure Code provides that any person who
claims to be a victim of a criminal offence can
claim damages thereof before the criminal
jurisdiction is seized by the Legal Department;
that according to this provision, the claim for
damages parallel to prosecution is a right of the
victim; that according to articles 321-41 and 32143 of the Criminal Procedure Code, the claim for
damages parallel to prosecution can be presented
in a hearing before the submissions of the State
Counsel of Faso
Whereas in this case the father of the
victim, Belem Amadé, appeared in court and
declared his claim for damages parallel to
prosecution before the submissions of the State
Counsel of Faso; that he is hence admissible as to
form
2- On the Merits
Whereas as article 1382 of the Civil Code
provides, he by whose action causes damage to
someone will have to pay reparation resulting
thereof; that it is established Belem Amadé
suffered damage as a result of the offence for
which Tall Aliou was found guilty; that he
requests CFA F 500,000 (five hundred thousand)
as damages; that, moreover, medical fees for the
rape and expatiating rites thereto amount to CFA
F 32,500 (thirty-two thousand five hundred); that
the father of the Accused paid CFA F 25,000
(twenty-five thousand); that his personal