Of having in Bamako, in the course of 2013, in any case since less than three (03) years, since she was also legally married to Mohamed TRAORE, deliberately deserted her spouse and the marital home without compelling grounds and outside the case provided for under the law; Whereas these acts, if they are proven, would represent the felony of criminal desertion provided for and punished by article 232 of the penal code; Whereas the accused and the party claiming damages appeared in court to present their respective arguments, it should be declared that the case was regularly referred to the court and a rule handed down after both parties have been heard; As regards the merits: - As concerns the facts of the case: Whereas an analysis of the documents of the case and proceedings shows the following facts: In the course of 2013, while they lived with some disagreement, the couple of Mohamed TRAORE and Assitan DIAKITE came to the point where Madame Assitan DIAKITE left the martial home, accounting for the complaint filed by Mr TRAORE against her for criminal desertion. - As concerns the release of the accused: Whereas Assitan DIAKITE is being tried for criminal desertion of Mohamed TRAORE; Whereas according to article 412 sub paragraph 2 of the Criminal Procedure Code [segment illegible in source document] base its decision only on evidence submitted to it during the proceedings and discussed by both parties before it; Whereas however, upon examination of the facts, no evidence has been found against her that she committed the offence she is accused of; that it thus seems that the facts do not exist; that consequently, there is reason to acquit her in accordance with the provisions of the above mentioned article and order the public treasury to pay the costs;