COURT OF APPEAL OF
BURKINA FASO
Unity — Progress — Justice
FADA N’GOURMA
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Hearing of March 20, 2018, on criminal matters
HIGH COURT OF KOUPELA
Judgement No.
50 of 20/03/2018
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Legal Department No.:
033/2017
-------RI No.: 24/2017
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Public Prosecution
Vs/
The High Court of Koupèla (Burkina Faso), ruling in
criminal matters and in first resort, in its open ordinary court
session of the twentieth of march two thousand eighteen
in the Court of the said town, in which were present:
Mr SOUGA Gnagréba Dramane, Judge at the Bench of the said
Court, acting as President,
PRESIDENT
Mr OUATTARA Jean Eudes, Deputy State Counsel of
Faso, representing the Legal Department
LEGAL DEPARTMENT
With Mr ILBOUDO Moubarak, Secretary of Registries
and Legal Departments, recording the hearing,
COURT REGISTRAR
The following judgement was delivered
BETWEEN
-The State Counsel of Faso, petitioner;
-S.D, T R. and S. S all victims appearing before the court;
D. A
ON THE ONE HAND
TYPE OF OFFENCE
Rape and attempted abortion
-------Warrant of committal:
12/04/2017
-------Provisional Release :
10/01/2018
DECISION:
(See verdict)
PANEL
President:
SOUGA Gnagréba Dramane
Legal Department
OUATTARA Jean Eudes
Court Registrar:
ILBOUDOU Moubarak
AND
D.A, who declares to have never been convicted, recruited,
or given an award;
Accused of having:
- committed during the month of December 2014, less than
10 (ten) years ago, by violence, coercion, or surprise, an act
of sexual penetration of any kind on a woman or girl, in the
case at hand the act of having had non-consensual sexual
relations with a minor girl named S.D;
Acts provided for and punished by Article 14 of Law No.
061-2015/CNT on the prevention, punishment and
reparation of violence against women and girls, and the
support for victims;
- induced or attempted to induce the abortion of S.D., a minor girl
pregnant of him, in Koupèla, during the months of January and
February 2015, less than 3 (three) years ago, with food, drink,
medicines, manoeuvres, in the case at hand by means of a black
medicinal product;
Acts provided for and punished by articles 59, 60, 61, 62 and 383 of
the Penal Code
ON THE OTHER HAND
THE COURT
Having regard to the initial indictment of the State Counsel
of Faso before the High Court of Tenkodogo dated 18 July
2016;
Having regard to Law No. 061-2015/CNT on the prevention,
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