3°) Madjou TOURE aka Caporal Ladji : Born on 03/07/1989 in Bamako, son of Mahamane and Aissata Cissé, Member of vigilante movement called “Front de Libération Nationale (FLN)”, resident with his uncle Ousmane Oumar Ascofaré, Retired Teacher at Niafunké Having regard to the order of arrest issued against the above-named persons and inserted in the referral judgment; Having regard to the declaration of the Court on this day finding the accused persons, in majority, guilty: MAMADOU M. TRAORE, IBRAHIM IDRISSA MAIGA aka Bara For having, in Sevaré, on the night of the 9th to the 10th of October 2012, in any case less than ten years ago, together and in concert, with the use of violence, coercion and threats, committed acts of sexual penetration on the person of Miss Amou Moussa Diallo MADIOU TOURE AKA CAPORAL LADJI to have been, under the same circumstances of time and place above, in any case less than ten years ago, an accomplice to the crime of rape charged against Mr Mamadou M; Traore and Ibrahim Maiga aka Bara, especially by refraining, without risk to himself and his family, from denouncing them; Having regard to the declaration of the same Court on this day stating, in majority, that there exist mitigating circumstances in favour of the accused persons; HAVING HEARD the State Prosecution in its submissions on the application of the penalty to the facts declared undisputed by the Court and upheld against the accused; HAVING HEARD the defender of the accused and the accused themselves who were allowed to speak last to the Court in their defence; Having deliberated in accordance with the law, Whereas the facts declared undisputed by the Court of Assizes upheld against the accused persons are defined and punished by Articles 226 and following of the Penal Code; HAVING REGARD to the said articles, together with Articles 18, 19, 20 of the Penal Code, 354 and 631 of the Criminal Procedure Code; 725 and following of the CPCCS (Social, Commercial and Civil Procedure Code); In application of the above-stated provisions: