Flagrante delicto REPUBLIC OF SENEGAL HIGH COURT OF PIKINEUEDIWAYE --------------------DAKAR COURT OF APPEAL ORDINARY PUBLIC HEARING OF 19 NOVEMBER 2019 -------------------HIGH COURT OF PIKINE-GUEDIAWAYE At the ordinary public hearing of the High Court of Pikine Guediawaye of November nineteen two thousand and nineteen, held for the cases of Prosecution No : Judgment No PUBLIC PROSECUTION correctional police by xx, judge at the seat: President assisted by Mr. xxx a n d Madam xxx In the presence of Mr. xxx, Deputy Prosecutor of the Public Prosecutor and with the assistance of Master xxx, Registrar, was rendered the following judgment: PARTIES: Mr. the Public Prosecutor, applicant according to the report of an interrogation of flagrante delicto of September 20, 2019; And (Civil Party) And xxx born February 21, 2001 in Pikine, xxx domiciled in Thiaroye Tally Diallo, tel xxx, Civil Party, not appearing at the hearing; ON ONE HAND VERSUS xxx VERSUS XXX, born January 10, 1997 in Kolda, xxx, trader, domiciled in Thiaroye Sant Yalla, single without children, saying he has never been convicted, nor listed in the military file; I Accused of unlawful collection of personal data and rape; Detained according to the arrest warrant of September 20, 2019; Appearing at the hearing, assisted with his Counsel; ON THE OTHER OFFENCE Unlawful collection of personal data and rape e DECISION (See operative part) Questioned at the hearing on September 27, 2019 in accordance with Article 384 of the Code of Criminal Procedure, the accused declared that he wanted to be tried immediately but the case was postponed, for the civil party to appear on October 15, 2019, then on October 29, 2019, then on November xxx, 2015 and finally on November 15, 2019, date on which, it has argued; Madam President explained that the Public Prosecutor has sued the aforementioned defendant to the hearing of this day to defend himself due to the above mentioned offenses; And the accused was questioned; the registrar took note of his answers; The Public Minister requested a closed prison sentence of five (05) years against the accused; Counsel for the accused presented his means of defense; On this, the debates were closed and the case put on deliberation for judgment to be delivered at the hearing of November 19, 2019. In the event of the hearing of that day, the court, after having deliberated in accordance with the law, ruled in these terms: