without effect in that the accused was already appearing before the Criminal Court where
he was called to present his defense;
That it is right from now to declare the request for provisional release ill-founded and
dismiss it;
B. MERITS
1- On public action
Whereas KONATE YACOUBA is accused of acts of rape on the person of Ms KAMATE
NABARAKISSA;
That he admitted the facts from the preliminary investigation to the bar of Court;
Whereas it emerges from this constant confession, corroborated by the statements of the
victim and the elements of the file, in particular the medical certificate dated March 09, 2017
issued by doctor N'GUESSAN YAO, chief physician of obstetrical gynecology service of the
Odienne regional hospital, that the accused actually committed on the person of Ms KAMATE
NABARAKISSA an act of sexual penetration without her consent, using his sex, by violence,
threats and coercion;
That it is therefore appropriate to say that the facts of rape have been proven against the
accused, then to find him guilty and to apply the criminal law to him;
2- On civil action
Whereas the civil party action of Ms KAMATE NABARAKISSA is in conformity with the law;
That it should be declared admissible;
Whereas she suffered prejudice as a result of the crime committed by the accused against her;
That it be appropriate to declare her claim for reparation well founded in principle,
and to fix the amount of her prejudice at the sum of three million francs (3,000,000 F
/ CFA), then condemns the accused to pay her this sum as damages;
3- On the costs
Whereas the accused succumbs;
That it befits to order him to pay the full costs of the proceedings;
FOR THESE REASONS
Ruling publicly, after trial, in criminal matters and in first instance;