1 COURT OF APPEAL BOUAKE COURT OF FIRST INSTANCE OF KORHOGO DIVISION OF COURT OF ODIENNE JUDGMENT N ° 17-2012 OF 18 MAY 2012 OFFICE OF THE PUBLIC PROSECUTOR VERSUS K. K 1 / Offence against morality - Indecent assault - Indecent assault attempted with violence on a three-year-old minor - Flagrance of the facts - Conviction. 2 / Indecent assault - Victim having suffered personally from the acts of indecent assault established - Civil action for reparation - Civil action of the mother on behalf of her daughter. Conviction of the accused. 1 / The accused must be declared guilty and condemned as soon as the facts are proven, the flagrante delicto of the said facts defeats his denials. 2 / The accused must be ordered to pay damages to the mother who is a civil party on behalf of her daughter who has personally suffered from the proven acts of indecent assault. THE COURT Whereas according to the interrogation report in the event of flagrante delicto of May 15, 2012, KK appeared before this correctional court charged with having in Odienné, on May 13, 2021, in any case since time not covered by the statute of limitations, committed an indecent assault attempted with violence on a threeyear-old minor. These facts are provided for and punished by articles 355-3 and 359 in fine of the penal code. Whereas it results from the preliminary investigation report of the fourteenth of May two thousand and twelve that G.R lodged a complaint against K.K, whom she accused of having committed an indecent assault perpetrated on his three-yearold daughter G.C. That in support of her complaint, she made known that one day earlier, K.K went to his shelter and was served a bottle of beer by K.J joined shortly by his daughter G.C. That after a few sips of alcohol, K.K sent K.J to buy him something to eat in a restaurant located not far from his shelter. On his return, he was amazed to find that G.C was sitting on the legs of K.K who was kissing her after having rolled up to her knees the panties she was wearing, while the fly of his pants was pulled down.