Questioned at the hearing of November 08, 2012, in accordance with article 384 of the Code of
Criminal Procedure, the defendant declared that he wanted to be tried immediately but the case
was postponed to wait for the appearance of the civil party to November 22, 2012, where it
was pleaded;
At the appeal of the case, the Prosecutor of the Republic explained that by the aforementioned
report, he sued the accused before the Tribunal at the hearing of that day on account of the
above offences;
The Registrar then read the documents in the file;
Then the witness produced by the prosecution was heard;
And the defendant was heard, the Registrar took note of the defendant's statements and
answers;
The civil party XXX, as representative of his minor daughter xxx declared to be a civil party,
requested act of the Court which granted it to him but declared not to claim damages;
The public prosecutor summed up the case and demanded against the defendant the application
of the law. The defendant presented his defense,
Then the Court, after having deliberated in accordance with the law, ruled in these terms:
THE COURT
Having regard to the documents in the file;
After hearing the accused during his interrogation;
After hearing the submissions of the civil party, the submissions of the Public
Prosecution, the defense of defendants;
Whereas the report of interrogation of flagrante delicto dated October 29, 2012 xxx was
brought before the correctional court under the offence of having in Bambey on
October 28, 2012 in any case before the public action was time barred, committed
gestures, touches, caresses for sexual purposes on the person of xxx under the age of
16;
To have in the same circumstances of time and place committed an indecent assault
with violence on the aforementioned;
Facts provided for and punished by articles 320 and 320 bis of the penal code;

On public action;
Whereas on October 28, 2012 the Bambey gendarmerie brigade was seized by telephone by
xxx to inform them that his 9-year-old daughter was a victim of pedophilia and indecent assault
committed on her by the named xxx in the locality of Ndangalma;

Select target paragraph3