According to letters certified on 17 May, 2010 by the chief-supervisor of the
Daloa remand and correctional center and registered at the registry of the
court of this jurisdiction with No 91 and No 92, the same day ZI and ZB lodged
an appeal of this judgment;
In the appeal case, the Court did not receive any response to the summons sent to
the defendants and to the civil party;
Moreover, they did not appear at the hearing;
For the Public Prosecutor's Office, the contested judgment deserves to be
confirmed in its entirety.
MOTIVES
On the nature of the decision
Considering that the Court did not receive any response to the summonses
sent to the defendants and to the civil party, to appear in Court;
That for this reason, the present case has undergone more than one
postponement;
That in application of Article 545 of the Criminal Procedure Code, it is
appropriate to rule by default in their regard;
ON THE FORM
On admissibility of the appeal
Considering that the appeal of the defendants was introduced in compliance with the
forms prescribed by article 498 of the criminal procedure code;
That in addition, this appeal was made within the period of twenty (20) days allotted by
paragraph 1 of article 491 of the same code;
That it should therefore be declared admissible.
ON THE MERIT
Considering that indecent assault consists of any indecent act carried out
directly on a person of either sex;
Considering in the present case, it emerges from the documents in the file
that, in order to achieve their aim, which was to sexually abuse their victim,
one of the defendants in this case, ZB, persuaded her to accompany him into
the premises of the primary school where he said his older brother was
waiting for him;
That it was when she arrived there that Z.B forced her with the threat of a
knife to have sexual intercourse with him and his friends, including his codefendant undoubtedly;
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