COURT OF APPEAL OF BURKINA FASO Unity — Progress — Justice FADA N’GOURMA ----------------------- Hearing of March 20, 2018, on criminal matters HIGH COURT OF KOUPELA Judgement No. 50 of 20/03/2018 -------- Legal Department No.: 033/2017 -------RI No.: 24/2017 -------- 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, 1