ABIDJAN COURT OF APPEAL
ABENGOUROU COURT OF FIRST INSTANCE
JUDGMENT N ° 465/2014 OF WEDNESDAY 12 NOVEMBER 2014
THE OFFICE OF THE PUBLIC PROSECUTOR
VERSUS
B. A
Offence against morality - Indecent assault without violence on a 7-year-old minor Contradictory statements by the accused - Conviction.
The accused must be declared guilty and convicted since he makes contradictory statements
on the exact place where he was at the time of the facts.
THE COURT
Considering the documents in the case file Rl W441 / 2013;
After the Public Prosecution made its oral submissions;
After having deliberated in accordance with the law;
Considering that following an order for referral to the correctional police dated May 16 2014, the
named B.A. was brought before this criminal court charged with the offence of having in
Abengourou, on October 20, 2013, in any case since time not covered by the time limitation,
committed an indecent assault consumed without violence on the person of T. B. S, 07 years old;
That these facts are provided for and punished by articles 356 paragraph 1 and 359 of the penal
code;
Considering that it results from the documents of the file that on October 28, 2013, Mr. T. A
seized the police station of the 2nd district of Abengourou of a complaint against the
aforementioned;
That in support of his action, he explained that while passing through Abengourou, members of
his family informed him that his daughter. B. S, aged 07, had been sexually abused by B.A;
Interrogated, the victim explained that on the day of the events, she was returning from church
with her cousins when the accused invited them to his home;
That having occupied his cousins frying bananas, entered his room where under threat, he took
off her underwear and introduced something into his private parts;
Considering that questioned on these facts which are reproached to him, the defendant denied