6 in xxx's room, that elsewhere the public prosecutor admitted that the girls were able to describe the room of xxx and the fact that some say that he appeared naked and others dressed in his panties is not determinative; that these facts contribute, according to him, to confirm the presence of the girls in his room and to sufficiently characterize the offense of abduction of minor; that for this purpose he has noted that Mr. xxx moved the children from the beach to his room against the will of those who had custody of them; whereas the decision therefore deserves confirmation on this point; That with regard to pedophilia, the counsel for the civil parties stated that the facts are constant since it is not disputed that the defendants made touches on the children which cannot however be ascertained by the medical certificates; that however the girls constantly declared to have been touched by the defendant xxx and not raped; that he added that the simple fact of appearing naked in front of children is an act of a sexual nature; that he concluded in the existence of the offense of pedophilia reproached to the accused; That with regard to xxx, his statements tending to say that the toilets are not equipped with doors, corroborates those of xxx because it was in this case easier for him to reach her in these toilets; That he requested on behalf of the victims the confirmation of the impugned judgment in all its provisions and to order the Caisse des Dépots et Consignations the payment of 12 million for the benefit of the civil parties. For these reasons On the indecent assault Considering that it follows from the provisions of article 319 of the Penal Code that any indecent assault consumed or attempted without violence on the person of a child of one or the other sex aged thirteen years will be punished by imprisonment of three months to two years and a fine of 20,000 to 200,000 FCFA; Considering that in this case no material element has emerged from the proceedings, in particular from the investigation and from the hearings, going towards establishing the existence of molestation on the child; that indeed the indecent assault was retained by the first judges who de-characterized the facts of attempted rape initially retained by the prosecuting prosecution; that, however, it should be noted that the molestation is an indecent act which is held as an offense when the acts alleged against the penal agent could not fall under one of the characterizations of sexual assault; that in the present case, however, the facts thus characterized as indecent assault fit perfectly and fully with the characterization of pedophilia, second in the act of prosecution: let there be added that the same facts cannot have a double characterization. it is necessary to acquit the defendants