Questioned at the hearing of April 26, 2012, in accordance with article 384
of the Criminal Procedure Code, the defendant declared that he wanted to be tried
immediately but the case was referred to May 3, 2012;
The Prosecutor explained that by the aforementioned minutes, he had the
accused appear before the Court at the hearing on the said day to defend himself
regarding the above-mentioned accusations;
The Registrar then read the documents in the file.
Then the witness produced by the prosecution was heard;
The defendant was also heard, and the Registrar took note of the witness's
statements with the defendant's responses;
C.D.S, through her person with civil liability, declared that she was acting
as a civil party, and requested that the Court should so acknowledge; the Court
grants her request, and she demanded for the sum of one million (1,000,000)
francs for damages;
The Prosecutor presented a summary of the case and demanded that the
law be applied against the defendant. The defendant presented his defense;
The Court then scheduled the case for judgment to be delivered at the
hearing on May 10, 2012.
On that date, the Court, having deliberated on the matter in accordance
with the law, ruled as follows:
THE COURT
Having regard to the documents in the file;
Hearing the accused during his interrogation;
Hearing the conclusions of the civil party, the requisitions of the
Prosecutor, the means of defense of the accused;
On the form:
Whereas S.C.A.N. appeared before the Criminal Court upon accusation of
rape, pedophilia and abduction of a minor;
That it is appropriate to rule on the basis of counter-argumentation with
regard to the case;
On the merit:
Whereas according to the interrogation minutes of the flagrante delicto
case of April 20, 2012, the Prosecutor had S.C.A.N appear at the bar of the
criminal court under the accusation of having in Mbacké, in April 2012, by
coercion, threat or surprise committed an act of sexual penetration on 13-year-old