On that date, the court, concluding its deliberation in accordance with
the law, ruled as follows:
THE COURT
Having regard to the documents in the file;
Having heard the accused during his interrogation;
Having heard the civil party regarding her interests;
Having heard the Prosecutor in his requisitions and the accused in his
means of defense;
After having deliberated in accordance with the law;
Whereas all parties have appeared at the hearing;
That it is necessary to rule on the basis of counter-argumentation with
regard to the matter;
ON THE FORM
Whereas the action was brought in compliance with the legal form and
time limit;
That it should be declared admissible;
ON THE MERIT
Whereas Mr. P. Dj. S. is accused to have, in Saint-Louis, in the year
2012, through the use of coercion, threat, surprise, committed sexual
penetration on the person of P.A.D, a minor under 13 years old, to have in the
same circumstances of time and place committed indecent acts on the latter
contrary to natural – an individual of the same sex;
Offenses provided for and punishable under articles 319 paragraph 2
and 320 of the Penal Code;
Whereas the file and the proceedings of the hearing give rise to a doubt
serious about the guilt of the accused, and that such doubt should be in the
advantage of the latter;
That it is appropriate for the accused to enjoy the benefit of doubt, and
to be acquitted;
FOR THESE REASONS
Ruling publicly, on the basis of counter-argumentation, in criminal
matters and in first instance;
-
ON THE FORM
Declares the action admissible;
-
ON THE MERIT
Acquits the accused on the benefit of doubt;
Attributes the costs to the public treasury;
Thus done, judged and pronounced publicly on the day, month and
year above;
And signed by the President and the Registrar.
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