them;
That he said that T.B and her cousins did come to his home on October 20, 2013, as they used
to;
That they manifested the desire to eat fried bananas that had already been made by his mother;
That sick, he had spent a moment with them on the terrace and left them there to go to his room;
That he concluded that he was surprised the following Sunday to learn that little T.B accused him
of having forced her to have sex with him;
Considering that during his detention at the public prosecution, he was brought before the
examining magistrate who indicted him for the acts of indecent assault consumed without
violence on a minor of 07 years;
That in front of this magistrate, he declared, contrary to his previous declarations, that he
remained constantly on the terrace with the girls and did not return to his room until after the
latter had left;
For T. B. S, she did not vary in substance in her words, however, she added that it was she who
had joined the accused in his room;
Considering that before the court, the accused appeared at the hearing of June 11, 2014 during
which it was decided on his request for provisional release;
Considering that the Public Prosecution requested that the accused be declared guilty of the facts
charged to him and sentenced to 12 months’ imprisonment and a fine of 360,000 FCFA;
THEREFORE
IN THE FORM
Considering that the accused appeared; that it is appropriate to rule by decision after he has
been heard;
ON MERITS
On the offence being prosecuted
Considering that the accused is being prosecuted for the acts of indecent assault consumed
without violence on a 07-year-old minor;
Considering that during the preliminary investigation and before the investigating magistrate, he
did not accept responsibility for offense against him;
Considering however, that it is established that T. B. S, aged 07 years, was the victim of sexual
violence as it appears from the medical certificate of October 29, 2013 produced in the file;
That it is common ground that on October 20, 2013, the day of this assault, the victim was at
home and in the company of B. A; that she maintained that the latter tried on several occasions
to introduce his penis into her private parts;
That the defendant, who stated during the preliminary investigation that he returned to his room
after spending a while on the terrace with TB and her cousins, later changed his mind to say that
he was all the time with them on the terrace and did not return to his room until after their