Tel: 79.99.65.06; M.D. of 14/10/2015; O.M.L of 26/01/2016 On the other hand; Charged with rape, present in court; Acts provided for and punished by article 226 of the Penal Code; Without prejudice to matters of fact and law; THE COURT: Mindful of ruling No.51 of the Indictment Division of the Kayes Court of Appeal, on 31/05/2016 to refer Mamby DIARRA, accused of Aggravated rape, to the Kayes Court of Assize; Mindful of the arrest warrant issued against the above-named persons: Mamby DIARRA and included in the referral order; Mindful of the declaration, by the majority, of the Court of Assizes on that date attesting that Mamby DIARRA is guilty of rape; MINDFUL of the declaration, by the majority, of the same Court, regarding the fact that in this case there are mitigating circumstances for the accused; After listening to the State in its arguments on the application of the penalty to acts considered established by the Court and upheld against the accused: After listening to the defence counsel and the accused himself who spoke last in their plea; After deliberating about this case in accordance with the law; Considering that the acts, considered established by the Court of Assizes and upheld against Mamby DIARRA accused of rape, are provided for and punished under articles 226 sub paragraph 3 of the Penal Code; Mindful of the provisions of the said articles, together with articles 18, 19 of the Penal Code, 342 and 631 of the Criminal Procedure Code, 727 and seq. of the Civil, Commercial and Social Procedure Code (CPCCS), which read as follows (reading done) ; Pursuant to the aforementioned and transcribed legal provisions; SENTENCES: Mamby DIARRA to a suspended term of imprisonment of 05 (five) years. Also, orders him to pay the costs under this ruling.