Whereas the guilty intention can be inferred from
the circumstances of the case; whereas by dragging
his victim into the room and then removing her
intimate clothing in order to force her to have sexual
relations with him, O.M unambiguously
demonstrated a guilty intention; whereas in view of
all the foregoing, all the elements constituting the
crime of rape are established against him; whereas
he should be found guilty and convicted:
2-Sentence
Whereas, within the meaning of Article 14 of the
above-mentioned law, rape is punishable by 5 (five)
to 10 (ten) years' imprisonment; whereas, however,
pursuant to Article 77 of Law No. 015-2014/AN of 13
May 2014 on the protection of children in conflict
with the law or those in danger, a child for whom the
prejudice of a contravention or offence is
established is subject to one or more measures or
sanctions, including handing him/her over to his/her
parents;
Whereas in this case, it emerges from the
proceedings at the hearing corroborated by the
social investigation report that the criminal situation
of the minor is due to his bad company; that since
his provisional release on December 5, 2014, the
minor improved his relations; that he has a family
where he enjoys a harmonious life with his
concubine; that he is the father of a child to whom
he provides care and attention; that he carries out
an income-generating activity that has enabled him
to integrate perfectly into society; Moreover, the
victim and his mother appearing at the hearing
affirmed that the two families have forgiven each
other; that, when questioned specifically on the
matter, the victim affirmed that she had forgiven her
aggressor; that the incident is now a past event; that
the accused should be given a sentence that will
enable him to further consolidate his social
integration; that, in this sense, handing the minor
over to his parents is the most appropriate sentence;
that, in application of article 77 of the abovementioned law, it is appropriate to hand the minor
over to his parents for better care;
C. Civil Action
Whereas under articles 2 and 418 of the Code of
Criminal Procedure, the claim for damages parallel