Republic of Senegal One People-One GoalOne Faith Judgment N°35/13 Prosecution N°1186/2012 THE PROSECUTOR And P. A. D. C.L: Nd. Y. D. (Civil Party) AGAINST P. DJ. S. D.W. 13.12.2012 SAINT-LOUIS COURT OF APPEAL (SENEGAL) SAINT-LOUIS REGIONAL COURT ORDINARY PUBLIC HEARING OF THURSDAY 10 JANUARY 2013 IN FLAGRANTE DELICTO At the ordinary public hearing of the Regional Court of Saint-Louis on January 10, 2013, held on criminal matters and presided at by Mr. M.L.C, assisted by Ms. N.R.S and Ms. N.D.D, Judges at the seat – Members; In the presence of Ms. F.A.C.L, Deputy Public Prosecutor; And with the assistance of Barrister H.A.B, Sworn Registrar, the following judgment was rendered: Between: 1- The Prosecutor, applicant, according to the interrogation minutes for the flagrante delicto case of 13 December 2012; 2- Mr P.A.D.: Born in 2000 in Saint-Louis to I. and M.D.K., a primary VI pupil, domiciled in Saint-Louis Sor Diamaguene; Civil Party, appearing at the hearing accompanied by his person with civil liability ND.Y.D., born in 1978 in Saint-Louis to A. and N.K., merchant, domiciled in Saint-Louis Sor Diamaguene, telephone … Nature of offense: Rape of minor under the age of 13 years (articles 319 paragraph 2 and 320 of the Penal Code) On the one hand Mr. P.Dj.S: Born in 1991 in Saint-Louis to B. and M.D., single child without children, carpenter, domiciled on January 30, 1978 in Keur Mbaye KANE, of A. and M.D, married to a wife and father of 03 children, shepherd, domiciled in Saint-Louis Sor Diamaguene; Accused of raping a minor under the age of 13; Appearing and concluding at the hearing in person; On the other hand: When the case was called up at the hearing on December 20, 2012, questioned in accordance with article 384 of the CPC, the defendant declared that he wanted to be tried immediately, but the court ordered transportation to the defendant's home and referred the case to January 03, 2013; The Prosecutor explained that by the aforementioned minutes, he made the accused to be summoned to appear before this jurisdiction, at the hearing of that day, to defend himself regarding the above accusation; The accused was heard, and the Registrar took note of his statements; The Prosecutor summarized the case and called for law to be enforced against the defendant; The civil party requested that her interests be reserved; The deliberations were then declared closed and the case Adjourned to January 10, 2013; 1