3
Considering the report of Madam advisor xxx
Considering the request of Mr. Advocate General;
Having regard to the documents in the file; After having deliberated in accordance with
the law; Considering that by acts of appeal dated 21 and 29 November 2019, xxx and xxx
respectively appealed against the judgment n ° 2353 rendered on November 12, 2019 in a
correctional matter by the High Court of Pikine-Guediawaye in the case opposing them to
the public prosecutor, and rendered the judgment whose operative part is as follows:
“Ruling publicly, after trial, in correctional matters and in first instance;
In the form
Declares admissible the public action;
On Merits
Re-characterizes the acts of attempted rape on minors under 13 years initially brought
against the defendants, in indecent assault without violence;
Declares them guilty of it as well as of the surplus;
Sentences them to a penalty of two (02) years of imprisonment each after confusion of the
penalties in application of articles 320, 320 bis, 348 and 433 of the Criminal Code;
Declares admissible the action of the civil parties;
Sentences xxx to pay the sums of 3,000,000 francs to xxx, 3,000,000 francs to xxx, 3,000,000
francs to xxx and 3,000,000 francs to Fatoumata.
Sentences xxx to pay the sum of 3,000,000 Francs as damages;
Orders the provisional execution;
The accused pays the costs;
Set the maximum imprisonment term for failure to pay the reparations”;
Considering that the following acts dated 21 and 29 November 2019, the Public
Prosecutor filed an incidental appeal against the same decision;
Considering that all the parties have appeared assisted by their counsels: that it befits to
rule after trial regarding them;
In the Form
Considering that the appeals were made in the required form and before they were time
barred;
whereas they shall be declared admissible;
On merits
On public action
Considering that it emerges from the procedure that on September 6, 2019, xxx lodged a