the victim with the intention of putting her on the ground so
as to carry out sexual intercourse; this attempt only failed
due to circumstances beyond his control, in the case at hand
by being prevented from doing so by the rescuers alerted by
the said victim;
Acts provided for and punished by Articles 122-1, 122-2,
122-4 and 533-10 of the Penal Code;
3- S.H, born on May 18, 2002, in Kongoussi of S.N and
K.A, pupil, Burkinabè national residing in Kongoussi,
single without children, who declares to have never been
convicted, given an award or recruited O.W.N.
Accused of:
having attempted to rape OWN, in Kongoussi, on 21 September
2018, a period of time not covered by the statute of limitations,
the said attempt, manifested by a tentative execution, in the case
at hand by engaging in a struggle with the victim with the
intention of putting her on the ground so as to carry out sexual
intercourse; this attempt only failed due to circumstances
beyond his control, in the case at hand by being prevented from
doing so by the rescuers alerted by the said victim;
Acts provided for and punished by Articles 122-1, 122-2, 122-4
and 533-10 of the Penal Code
ON THE OTHER HAND
When questioned at the hearing of February 20, 2019, in
accordance with the provisions of Article 396 of the Code of
Criminal Procedure, the accused, assisted by their parents, stated
that they wanted to be tried immediately;
During the appeal, the State counsel of Faso stated that he had
summoned the aforementioned accused to appear before the
Court at today's hearing to defend themselves on account of the
above-mentioned prejudice;
Then, the Court Registrar read out the documents in the case
file;
And the accused were questioned;
The submissions of the Legal Department were heard;
The accused made their arguments to defend themselves;
The Court Registrar recorded the responses of the accused;
On this, the debates having ended, the Court ruled as
follows:
THE COURT
Considering the documents in the file;
Having heard the answers of the Accused;
Having heard the submissions of the Legal Department;
Having heard the arguments of the Accused, who spoke last;