On the merit: Whereas it results from the minutes N° 251 of 18 to October 2012 of the urban police station of Diourbel that D.F filed a complaint against his spouse O.S. for committing rape on his daughter D.G whom she had during another relationship; She stated that she had noticed a change in morphology and a precarious state of health of her daughter, which is why she took her to the hospital where she was informed the child was 7 weeks pregnant; and after interrogation, the child indicated that it was O.R. that forced her to have sex with him; D.G. agreed with her mother on having had sex with his mother’s husband on four occasions, and each time he used violence to achieve his ends; She also stated that the acts too place after the respondent made the children leave the farm, and she never dared to speak to any member of the family because of the death threats made to her by the accused, and also the risks it could pose on her mother's marriage; As for O.S, he contested the accusation of rape, while claiming that D.G. is poorly brought up and has a lot of contact with men, as a result of which he reprimanded her; Whereas at the bar, the parties reiterated the substance of their statements made at the preliminary investigation, however O.R. added that D.G. and his mother D.F. wanted to plot against him; That he also revisited certain statements made before the investigators; Whereas the prosecutor considered that with regard to the elements contained in the medical certificate which reveals a total deflowering of the hymen and the declarations of D.G, O.S, who is an adoptive father to the victim, is the perpetrator of the acts which are levied against him; That he therefore requested that he be found guilty of the offense of rape of a minor by a person in authority over the minor and sentenced to 10 years’ imprisonment under Article 320 of the Penal Code; Whereas the defense counsel noted contradictions in the statements of D.G. and considered that the victim did not tell the truth, since in March it had not started raining for people to go to the farm; therefore, there is no element in the file to attribute the facts to the accused; Whereas article 320 of the Penal Code defines rape as any act of sexual penetration of any kind, committed on another person using violence, coercion, threat or surprise;