THE COURT Having regard to the documents of the file; Having heard the accused during interrogations; Having heard the requisitions of the Prosecutor; After deliberating on the matter in accordance with the law; Whereas, according to the interrogation minutes of the flagrante delicto case No…of 18 May 2015, the Prosecutor sued … upon the accusation of having, in Dakar, in the year 2015, through the use of violence, coercion, threat or surprise, committed an act of sexual penetration on …, aged below 13 years; Of having. in the same circumstances of time and place, proceeded to caressing, touching or performing other acts for sexual motives on the latter; Offenses provided for and punishable under articles 320, 320 bis and 348 of the penal code; Whereas both parties appeared in court together with their counsels, it is appropriate to rule on the basis of counter-argumentation; ON THE MERIT ON THE CIVIL ACTION On the facts Whereas, as per the minutes of the preliminary investigations No … of 06 May 2015 prepared by elements of the Greater Dakar Police, Ms… field a complaint against… for raping her daughter R.C, aged 03 years; That according to the terms of her complaint, she explains that, in the afternoon of Saturday 02 May 2015, she and her daughter had gone to Greater Dakar to pay a visit to the son of their friend … by name … who had been circumcised, and that is at the time when the latter and her daughter where in the compound with …, employee of … that R. came crying, asking that they should go back home. That when they got home, she noticed that her daughter felt pain when urinating, and that when she examined her genital, she noticed scratches; That when questioned, her daughter told her that it is … who inserted his finger into her genital when they were inside the sheep pen, and it is for this reason that she came crying and asking that they should return home, before specifying that at the same time, the circumcised child … had alerted her by saying in Wolof that it is …, with any other precise information; That on her part, her daughter … said to the investigators that it is at the time when she was with … and ... in the sheep pen that the latter took advantage to ask her to take off her underwear, while caressing her and inserting his finger into her genital; That the witness … declared that Ms…, who is the wife of his friend, visited him in the afternoon of Saturday 02 May 2015 to see his son who had just been circumcised, and that it is just after their arrival at “Parcelles Assainies” that her friend reached him on phone to inform him that her daughter had been raped by …; That he explains that he informed the elder brother of the latter, and they went to the residence of Ms…, specifying that they had not yet brought the situation to the attention of T. for fear that he might escape; Finally, he adds that it is T. who takes care of the sheep kept in a pen with a small wall and completed at the top with a grill; That before the investigators, the accused …. said he was present at the house of his employer … on the day of 2