That it should be added that the pains felt by the girl did not appear until after their prompt departure from the said home and as soon as they arrived home at “Parcelles Assainies”; That, moreover, this state of affairs, subject to considerations relating to age and to the state of the members of this group, notably the accused himself, 18-year-old adult, the child … freshly circumcised, aged 2 years old and …, 3-year-old little girl, demonstrates beyond any doubt that the perpetrator of the sexual assault of which R. is a victim can only be …, adult in the said group; That, besides, the witness … clearly affirmed that members of his family members as well as the mother of …were inside the building, and that from where … and the children where, nobody could see them, which further supports the fact that all the conditions were in place to perpetrate the rape on the little girl; That as such, just the fact that the accused took the children away from anyone’s sight denotes a desire nursed by the accused to commit the offense on the little girl; That ultimately, having demonstrated the elements to establish the offence of rape of a girl below the age of 13 years charged against …, it is appropriate to declare him guilty of the offence and to sentence to 10 years in prison, in application of the above-mentioned article; CONCERNING PEDOPHILIA: Whereas article 320 bis of the Penal Code, any gesture, touching, caressing, pornographic manipulation, usage of images or sound through whatever technical process, for sexual purposes on a child below the age of 16 years by someone of one or the other sex, constitutes an act of pedophilia; Whereas in this present case, it is constant, as demonstrated in the proceedings, that the victim… is a little girl aged 03 years old, and she argued that at all stages of the proceedings that it is the accused … who sent his hand into her underwear, caressed her and later inserted his finger into her genital; That, besides, the physical appearance of the little girl… at the bar of the Court, attests, even without relying on the birth certificate, that she has not attained 16 years, which sufficiently establishes the last condition for the offence of pedophilia; That, as such, it is appropriate to declare … guilty of the offence of pedophilia and to sentence him to 5 years in prison, in application of the above-mentioned article; Whereas it is important to note that the accused having already been condemned to 10 years and 5 years in prison, it is appropriate, in application of article 5 of the Penal Code, to sentence him to ten (10) years in prison; ON CIVIL INTERESTS Whereas …, having civil liability over her daughter R.C. declared through his counsel to constitute a civil party and has requested for the payment of 5,000,000 FCFA for damages; Whereas the said constitution done before the requisitions of the Prosecutor was in accordance with the procedures, that it is appropriate to declare it admissible; Whereas it is important to recall that the request made by the civil party is founded in principle, but exaggerated in the amount, that the Court has sufficient basis to change it to a more fair amount and to fix it at 3,000,000 FCFA, and to condemn the accused to pay the said amount; Whereas there is ground to order provisional execution, to accord maximum duration of imprisonment for failing to pay the dues, and to condemn the accused to pay the costs; 4