Republic of Senegal One People-One Goal-One Faith SAINT-LOUIS COURT OF APPEEL (SENEGAL) SAINT-LOUIS REGIONAL COURT Judgment N°31/13 Prosecution N°1223/2012 THE PROSECUTOR And: N.D. LR: Mama Y.D (Civil Party) AGAINST ORDINARY PUBLIC HEARING OF THURSDAY 10 JANUARY 2013 IN FLAGRANTE DELICTO At the ordinary public hearing of the Regional Court of Saint-Louis on January 10, 2013, held for criminal matters presided at by Mr. M.L.C, assisted by Ms. N.R.S. and Ms. N.D.D, Judges at the seat – members; In the presence of Ms. F.A.C.L deputy public prosecutor; And with the assistance of Maître H.A.B., Sworn Registrar; A.K.D. D.W. of 27.12.2012 The following judgment was rendered: Nature of offense: 1- The Prosecutor, applicant, according to the interrogation minutes of flagrante delicto case of December 27, 2012; 2- Ms N.D: Born in 1970 in Dagana, daughter of the late A. and S.D, widow and housewife living at the place of birth, Gadaga neighborhood, telephone …; Rape of a mentally restarted woman (article 320 of the Penal Code) Between: The person with civil liability, Mama Y.D. appearing and concluding at the hearing in person; On the one hand Mr. Abdou Kadre DIOP: Born September 29, 1970 in Saint-Louis to M. and A.D.D, married to one wife and father of one child, tailor, domiciled in the medina neighborhood of Chérif Dagana; Accused of raping a mentally retarded person; Appearing and concluding at the hearing in person; On the other hand: When the case was called up on January 03, 2013, when questioned, in accordance with article 384 of the C.P.C, the defendant declared that he wanted to be tried immediately and the case was retained; The Prosecutor explained that by the aforementioned minutes, he had summoned the accused to appear before the Court, at the hearing of that day, to defend himself with regard to the above-mentioned accusation; The accused was heard, and the Registrar took note of his statements; The Prosecutor summarized the case and requested against the defendant a 1