The Public Prosecutor explained that by the aforementioned report, he had the accused
appear before the Tribunal at the hearing on that day to defend himself on account of
the above-mentioned offence;
The Registrar then read the documents in the file.
And the defendant was heard, the Registrar took note of the defendant's statements
and answers;
Then the witness produced by the prosecution was heard;
The civil party xxx declared that she was acting as a civil party, requested the Court to
take notice of the act, which granted it to her, but declared that she was not claiming
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 Tribunal, after
having deliberated in accordance with the law, ruled in these terms:
THE TRIBUNAL
Having regard to the documents in the file;
Having heard the accused during his interrogation;
Having heard the civil party in her submissions, the Public prosecution in its requests,
the defendants in their defense;
In the form:
Whereas xxx appeared before the Criminal Court under the offence of indecent assault
with violence and possession of cellulose product;
That it befits to rule after trial with regard to him;
On merits:
Whereas according to the report of an interrogation of flagrante delicto of April 30,
2012, the Public Prosecutor had xxx appear at the bar of the correctional court here
under the offence of having in Touba on April 28, 2012, in any case before the
prescription of public action committed an indecent assault with violence on the
person of xxx, to have in the same circumstances of time and place detained a bottle
containing cellulose product for consumption;
These facts constitute the offenses provided for and punished by articles: 320 al. 6 of
the penal code and 109 of the drug code;
Whereas the offense of indecent assault with violence reproached to xxx can best be
analyzed as violence and assault, provided for and punished by article 296 of the Penal
Code
That it is appropriate to disqualify the acts of violence and assault, to find him guilty
and to sentence him to one (01) month of imprisonment;
Whereas the fact of possession and use of cellulosic product for which he is accused
are constant; that it should be retained in the links of the offence;
That it befits to sentence him to one (01) month of imprisonment;

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