MOTIVES ON THE FORM Mindful of the fact that the accused appeared at the bar of the Court; It is logical to rule on the basis of counter-argumentation; ON THE MERIT Concerning the public action On the criminal liability of MS Whereas MS is being prosecuted for acts of sexual indecency committed with violence on a minor under 15, in 2014; That at the bar, the accused denied the facts charged against him; But considering that his denials could not prosper; That in fact, it is undisputable as derived from the declarations of both the victim and the accused himself that the victim was completely naked in the room of the accused watching a pornographic video; That, even if the medical certificate attests that there is no mark of sexual act committed, the fact remains that the little DM describes in great detail the circumstances of the sexual act, specifying that it was not the first time; That these facts were confirmed by the seminal fluid discovered by the mother on the genitals of her daughter; That finally, the underwear discovered in the accused's room and placed under seal corresponds well with the description made by the girl, of the underwear that he wore on the day of the facts; That thus, he should be found guilty of the acts of sexual indecency committed with violence on a minor under 15 years old (04 years old) in accordance with the criminal code; Concerning the civil action Whereas at the bar, Madam Z.B declared herself to be a civil party and claimed the sum of CFAF 300,000 for damages; Whereas this constitution of civil party is regular in form; That on the substance, it is proper to consider her declaration just and founded, and to condemn MS to pay her the sum of 300,000 CFA francs as damages; Concerning costs Considering that the accused succumbs; He should be ordered to pay the costs; 3