Referred to the Public Prosecutor's Office near the section of the Court of Sinfra, all
admitted the facts before the Substitute Resident;
However, at the hearing of flagrante delicto where they appeared; they reconsidered the
confessions made before the Prosecutor and varied in their statements throughout the
hearing;
Mrs G.L.J was a civil party;
Convinced of their guilt, the Court sentenced them to 36 months of imprisonment and a
fine of 200,000 francs, 500,000 francs as damages by judgment n ° 96/2013 of May 8,
2013;
On May 13, 2013, the defendants appealed against the said Judgment, arguing in their
respective appeal briefs that they request that the court declare them innocent and
dismiss them for the purposes of the prosecution;
THEREFORE
On the nature of the decision
The defendants in detention were not extracted and did not appear at the bar of the
court; It befits to rule by default decision;
IN THE FORM
The appeal was lodged in accordance with the required form and time limit; it is
admissible.
ON MERITS
On the public action
On the facts of assault and battery
It appears from the appellants' statements that they beat Lady G.L.J. under the effect of
anger when the latter confessed to have killed N.S.J using witchcraft;
The said confessions are corroborated by the testimonies and the medical certificate
submitted to the debates; They were therefore wrong to appeal against the decision
which admitted their guilt;
On the facts of sequestration
In addition, the victim was beaten and kept tied to the outskirts of the sacred forest until
the next day by the appellants who did not deny the facts;
Therefore, in finding them guilty of the said facts, the court did not judge unfairly. But
the latter being first offenders, it should be said that the sentence of 36 months imposed
on them is excessive;