On the other hand
Called up for hearing on October 24, 2012, in accordance
with article 384 of the Criminal Procedure Code, the case was
adjourned to November 08, 2012 for the appearance of the civil
party, then to 15 November 20212 at the request of the accused’s
counsel. At this hearing, the case was retained for deliberation;
The Prosecutor explained that by the aforementioned
minutes, he had the accused appear before the Court at the hearing
on the said day to defend himself regarding the above-mentioned
accusations;
The Registrar then read the documents in the file.
Then the defendant was heard, and the Registrar took note of
the defendant's statements and responses;
The civil party D.G, through the person with civil liability
over her, D.F, declared herself to be a civil party, requested to be so
be acknowledged by the Court which granted her request, and she
concluded not to make any claim;
The Prosecutor summarized the case and demanded that the
law be applied against the defendant. The defendant presented his
defense;
The Court then scheduled the case for delivery of judgment
on November 22, 2012. On that date, the Court, having deliberated
on the matter, in accordance with the law, ruled as follows:
THE COURT
Having regard to the documents in the file;
Hearing the accused during his interrogation;
Hearing the conclusions of the civil party, the Prosecutor’s requisitions,
and the defense of the accused;
Whereas by the minutes dated October 19, 2012, the Prosecutor sued O.S.
before the criminal court of this jurisdiction on the accusation of having in
Diourbel on October 18 2012, by coercion, threats or surprise committed
an act of sexual penetration on the person of D.G. over whom he had
authority;
Facts provided for and punishable under articles 320 and 321 of the Penal
Code;

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