THE COURT
Having regard to the direct summons procedure against K.B;
Considering the documents in the file;
Having regard to articles 393 et seq. of the Code of Criminal Procedure;
Having regard to articles 411 and 413 of the Penal Code;
Having heard the answers of the accused;
Having heard the oral submissions of the Legal Department;
Having heard the arguments of the Accused in their defence, and who
received the floor in last position;
Whereas K.B. is accused of having voluntarily committed an indecent
assault on K.G. in Ouagadougou in December 20.., period of time not
covered by the statute of limitations, without violence, coercion or
surprise;
Whereas these acts constitute the offence of indecent assault provided for
and punished by articles 411 and 413 of the Penal Code;
Whereas pursuant to Article 411 of the Penal Code, indecent assault
implies an act of a sexual nature contrary to morality exercised directly
and intentionally on a person with or without violence, coercion or
surprise;
Whereas, in the case at hand, the accused does not admit the acts;
whereas, however, he has admitted that he attempted to rape K. G, but
had to change his mind because of her age, as evidenced by his
statements recorded in the investigation report of the Bogodogo
gendarmerie brigade; whereas, moreover, the medical certificate issued
by the gynaecology department in Sector 30 states that KG showed signs
of old defloration, a sign that she had lost her hymen; whereas this is
evidence that a sexual act had taken place between him and the victim;
that, considering the age of the victim-14 (fourteen) years old, she could
not have consented to such an act; that he deliberately performed the
sexual act on KG; that it is contrary to morality to subject a person to
sexual acts without his/her consent, besides a minor under 15 (fifteen )
years of age; that all the elements constituting the offence of indecent
assault are present;
That, consequently, the accused should be kept in the scope of this
prejudice and should be convicted by applying the repressive provisions
of article 414 of the Penal Code;
But whereas the accused is a first-time offender; therefore it is
appropriate to extend to him the benevolent provisions of article 694 of
the Code of Criminal Procedure and sentence him to 36 (thirty-six)
months suspended prison term;
Whereas under the terms of article 473 of the Code of Criminal
Procedure, the accused against whom there is a judgement of conviction,
shall also be ordered to pay the costs;
Whereas, in the case at hand, K.B. having been convicted of indecent
assault, must also pay the costs in the case at hand;