COURT OF APPEAL OF OUAGADOUGOU ********* HIGH COURT OF OUAHIGOUYA ******** 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.