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
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