The debates were closed for deliberations;
After deliberations in accordance with the law, the court
made the decision in following terms:
THE COURT
Whereas, according to the interrogation statement No…
dated 04 July 2018, Mr…. was brought before this Court,
in any event before the prescription of the criminal action,
on allegations to have attempted to commit in PikineGuediawaye in 2019, acts of sexual penetration on…., a
minor of less than 16 years old using violence, coercion,
threat; in addition with no fraud and violence, abducted the
said minor from her parental authority;
Offences provided for and punished by articles 364, 366
and 368 of the Penal Code;
ON MERITS
On the criminal action
Whereas during interrogation of the suspect, the latter
denied the alleged facts;
Whereas the public prosecutor applied for the suspect to be
sentenced to 3 years of imprisonment;
Whereas in light of the court records and the debates during
hearing there is still doubt on conviction of the accused for
the offences of attempt of rape and pedophilia; it is
appropriate to pronounce his acquittal for these offences;
While however, the court is satisfied that the accused
committed the abduction of a minor; it is appropriate to
declare him guilty and sentence him to 2 years of
imprisonment with suspended sentence;
On Civil damages
Whereas the child the claimant of civil damages did not
neither appear nor was represented at the hearing, the
Court reserves its pronouncement on civil damages;
FOR THESE REASONS
Ruling publicly in the presence of parties in correctional
matters at first instance;
Declares acquittal of accused for the attempt of rape
and pedophilia;
Declares the accused guilty for abduction of the
minor;