town of Ouahigouya, at the home of W.M.;
That she then urged W.M. to let her daughter return home, but
without success; that W.M. was opposed to this despite the many
negotiations she had undertaken with the latter's employer; that
during the time she spent at his home, that is about ten days, the
accused sexually abused her daughter, as she was not mature
enough for such acts;
O.H. interviewed by the investigating officers corroborated her
mother's statements; she stated that she was taken from her home
to Sector 10 of the town of Ouahigouya by W.M., whom she
considered to be her boyfriend;
When arrested and then interrogated, W.M. readily admitted the
facts against him; he stated that he had accommodated the woman
named O.H. at his home for about ten days, despite the plaintiff's
opposition;
At the end of his hearing, W.M. was summoned before the State
Counsel of Faso at the said court, which decided to prosecute him
under the procedure of flagrante delicto for statutory rape in
application of article 532-18 of the Penal Code;
When questioned at the Legal Department, he reiterated his
statements made during the police investigation; he also stated that
he had had sexual relations with the victim;
At the bar of the Court, he acknowledged the acts alleged against
him before apologising; S.M, having been heard in her
explanations, decided not to file a civil claim;
The Legal Department, after having summarised the facts,
requested that the accused be maintained in the scope of the abovementioned prejudice and that he be sentenced to 8 (eight) months
suspended prison term and a fine of CFAF one hundred thousand
(100,000);
The accused sought clemency from the Court which ruled as
follows;
II - PROCEDURE
A-Guilt of the accused
Whereas W.M is accused of the abduction of a minor;
Whereas under the provisions of Article 532-18 of the Penal Code,
"is punishable by 1 (one) to 10 (ten) years' imprisonment and a fine
of CFAF 1,000,000 to 5,000. 000, anyone who, without violence,
threats or fraud, abducts or seduces or attempts to abduct or seduce
a minor"; that for this offence to be considered a crime, the only