The debates were closed for deliberations;
After deliberations in accordance with the law, the court
made the decision in following terms:
THE COURT
Whereas, according to the interrogation statement No…
dated 14 December 2019, Mr…. was brought before this
Court, in any event before the prescription of the criminal
action, on allegations to have attempted to commit in
Pikine-Guediawaye in 2019, acts of sexual penetration
on…., using violence and coercion, which attempt was
manifested by starting the act and failed due to
circumstances beyond the accused’s will;
Offences provided for and punished by article 320 of the
Penal Code;
ON MERITS
On the criminal action
Whereas during interrogation the suspect denied the
alleged facts;
Whereas the public Prosecutor after he summarized the
matter, asked for re-classifying the facts as indecent assault
and made an application for 2 years of imprisonment of the
suspect;
Whereas, in light of the court records and the debates
during hearing, the facts the suspect is accused of are
analyzed as indecent assault with violence; that it is
appropriate to re- classify them and sentence the accused
to 2 years of imprisonment;
While however, the court is satisfied that the accused
committed the abduction of a minor; it is appropriate to
declare him guilty and sentence him to 2 years of
imprisonment with suspended sentence;
On Civil damages
Whereas the claimant of civil damages neither appeared nor
was represented at the hearing, that it is appropriate not to
make a pronouncement on civil damages;
FOR THESE REASONS
Ruling publicly in the presence of the accused and in the
absence of the claimant for civil damages in correctional
matters and at first instance;