ON MERITS
Whereas it results from the procedure the following facts: by letter dated January 15, 2015 lady xx
seized the police station of Yeumbeul of a complaint against xxx. During the preliminary
investigation, she stated that she had discovered blood clots in the stools of her daughter xxx
nicknamed xxx who told him that xxx has sodomized her by miming the act;
Heard during the preliminary investigation, xxx explained that xxx introduced his penis into her
anus and pushed it;
She clarified that he also did so to xxx;
Questioned, xxx stated that he introduced his penis in her anus and specified that he did the same
concerning xxx.
xxx argued that he introduced his index finger in her anus;
Heard, xxx revealed that her grandson had taught her that xxx has been kissing her little girl xxx;
Xxx and xxx declared having seen xxx introducing his sex into her anus;
Xxx explained that one day he heard a child cry in the bedroom of xxx before leaving the bedroom;
Heard, xxx, the father of xxx remarked to have surprised his daughter coming out of the bedroom of
xxx;
Questioned, xxx contested any sexual conjunction with the named xxx and xxx;
That it befits to declare xxx guilty of this offence and to sentence him to an imprisonment term of 2
years;
On the abduction of minors
Whereas article 346 of the penal code provides that whoever, by fraud or violence, abducts and
cause the abduction of minors, on took them, abducted them, or removed them from where they had
been placed by those under whose authority or direction they been submitted or placed, incurs the
penalty of forced temporary labor of five to ten years;
That in the instant case, xxx by taking the victims into him room without consent of their parents
has committed the offence of abducting minors;
That it befits to declare him guilty on this account and sentence him to an imprisonment of 2 years;
On the concurrent sentencing
Whereas article 5 of the penal code provides that in case of commission of multiple crimes or
misdemeanors, the heaviest penalty will only apply;
That in view of the foregoing, it befits to sentence the accused to 10 years which appear to be the
heaviest;
On the civil action
Whereas the named xxx and xxx respectively legal representatives of xxx and xxx has renounced
their right to file a civil party action;
That it befits to give them notice thereof;
That xxx the legal representative of xxx called xxx declared filing a civil party action et requested
10 000 000 FCFA as damages;
That this civil party action filed prior to the requests of the public prosecution appear valid;
That it befits to declare it admissible;
Whereas the criminal behavior of xxx entailed to xxx called xxx an actual damage deserving
reparation;
That thus request for damages of her legal representative is founded in principle although it seems
exaggerated on the quantum;
That in effect, the Court is in possession of enough elements of appreciation to set this amount to 5
000 000 FCFA;
That it befits therefore to sentence xxx to pay xxx on behalf of his minor daughter xxx called xxx
the said sum as damages, to order provisional compliance and to set the maximum prison term for
failure to pay: