On the nature of the decision
Considering that both the accused and the civil party have appeared and put
forward the means of defense;
That it is therefore necessary to rule after trial with regard to them;
On the admissibility of the appeal
Considering that the appeal of the accused was introduced in compliance with the
forms prescribed by Article 497 of the Code of Criminal Procedure;
That in addition, this appeal was made within the period of 20 days set by
paragraph 1 of Article 491 of the same code;
That it should be declared admissible;
ON MERITS
On public action
Considering that G. N. B denied being the author of the physical assault of which
K.J. was the victim;
Considering, however, that it stems from the debates at the hearing that it was
during the funeral of G.T that the blow was struck on the victim while she was
publicly performing a funeral rite;
That in these circumstances, the designation of the perpetrator of the criminal act
should not come under discussion, especially since the aggression did not result
from a generalized fight;
That, moreover, in his capacity as an elder brother of the defunct and therefore,
playing the leading role at this ceremony, the accused was in a social and physical
position such that he could not remain in ignorance of the assailant of K J;
That, if it were true that he was not the aggressor of KJ, whom he suspected, as he
stated in the hearing, of having mystically given death to his younger brother, he
would have revealed the identity of the responsible person;
That, it is with full knowledge of the facts that he pretends to ignore the identity
of the aggressor, since in reality it is he who is the perpetrator;
That the variations in his statements from the preliminary investigation to the bar
of this Court of Appeal through the prosecution and the tribunal are sufficiently
edifying that he was not ignorant about the impugned facts;
That the victim having seen him striking her in the face before sinking into
unconsciousness, she was therefore right to designate him as such;
That his is indisputably the person who struck the victim the blow which caused
her wounds as evidenced by the medical certificate to her delivered by the doctor
A. Y. M of the CHR of Daloa;