COURT OF APPEAL OF
OUAGADOUGOU
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HIGH COURT
OF OUAHIGOUYA
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Judgement No. 116/2019
of 30/10/2019
Legal Department No. 123/2019
Case
Public Prosecution
Vs
G.S alias Kakaga
Type of the offence
Rape
Decision
(See verdict)
BURKINA FASO
Unity-Progress-Justice
HEARING OF OCTOBER 30, 2019, ON FLAGRANTE DELICTO
The High Court of Ouahigouya (Burkina Faso) ruling in a criminal suit during an
ordinary court hearing on 30/10/2019 (thirtieth October two thousand and
nineteen), held at the Court House of the said city, in which were present: DIELO
Mahamed, Judge at the said Court;
President
Assisted by OUEDRAOGO R. BaIguissa, BOURGOU Y. Bienvenue, OUEDRAOGO
Ismaël and KINDO Noufou;
Judicial Assessors
Mr Saïdou KIEMDE, Deputy State Counsel of Faso at the said Court;
Legal Department
Assisted by Barrister Massé SAVADOGO, Court Registrar at the said court;
Court Registrar
Mr DIALLO Drissa
Sworn Interpreter:
The following judgement was delivered:
BETWEEN
PANEL:
President: DIELO Mahamed
The State Counsel of Faso, petitioner in a flagrante delicto proceeding;
Legal Department: KABORE Lamine
Court Registrar: Iliassé SAVADOGO
Interpreter: DIALLO Drissa
JUDICIAL ASSESSORS:
OUEDRAOGO R. Balguissa,
BOURGOU Y. Bienvenue, KINDO
Noufou; OUEDRAOGO Ismaël
ON THE ONE HAND
AND
G.S alias Kakaga, born on January 1, 1983, in Méné, son of G.I and N.M, of
Burkinabe nationality, commercial employee domiciled in Méné/Koumbri, who
declares to have never been convicted, recruited or given an award;
Accused of having attempted to commit rape against T.D in Barga on October 3,
2019, less than three (3) years ago; this attempt was manifested by the beginning
of the commission of the crime, in this case grabbing the hands of the abovementioned woman and dragging her into the bushes, forcibly undressing her and
attempting to have sexual intercourse with her, which only failed due to
circumstances beyond his control, in this case the arrival of the victim's mother at
the scene;
Acts provided for and punished by articles 122-1, 122-2, 122-3, 122-4, and 533-10
of the Penal Code;
ON THE OTHER HAND
That he undressed her by tearing her loincloth before undressing as well; that it
was while he was preparing to forcibly engage in sexual intercourse with her that
his mother, who had waited in vain for her return, arrived on the scene; that the
latter projected the light of her torch into the bushes and saw them all in their
Adam's garb, that to compel G.I alias Kakaga to abandon his crime, her mother
used a stick and beat him up.