These facts constitute the offenses provided for and punishable under
articles 320 and 320 bis of the penal code;
Whereas in the light of the documents in the case file and the hearing
proceedings, no clear evidence has been reported to allow the accused to
be convicted of the rape of a minor under 13 and of pedophilia for which
he is accused;
Whereas there remains a doubt as to the guilt of the accused, and that it is
always beneficial to the latter; that he should be acquitted;
On civil interests:
Whereas A.L., in her capacity as representative of her minor daughter
M.D.D, declared to be a civil party and decided to claim damages;
Whereas the said constitution made before the requisitions of the
Prosecution is regular in form, it should be admitted;
But whereas the defendant was acquitted of the offense for which the civil
party claims to be victim;
That it is appropriate to declare the claim s of A.L. is ill-founded;
Whereas it is also necessary to attribute the costs to the public treasury;
FOR THESE REASONS
Deliberating publicly, on the of counter-argumentation, in criminal matters
and in the first instance:
- Acquits T.N;
- Admits the constitution of civil party by A.L. in her capacity as
representative of M.D.D;
- Dismisses her request as ill-founded;
- Places costs on the public treasury;
All this done in application of the aforementioned texts, which has been
read by President.
Thus done, judged and pronounced on the aforementioned day, month and
year.
And signed by the PRESIDENT and the REGISTRAR.
.