also aware that if he had succeeded in his intention, he would have caused definite harm to the victim, which would have affected both her honour and her dignity; That in so doing, all the elements constituting the offence of attempted rape are sufficiently present against the accused G.S alias Kakaga; That he should therefore be retained in the scope of the offence of attempted rape, declared guilty and be sentenced; B- SENTENCE Whereas G.S alias Kakaga was found guilty of the attempted rape alleged against him; Whereas pursuant to Article 122-4 of the Penal Code, the applicable penalty for attempted rape is that of the offence itself; Whereas the penalty for attempted rape is the same as that for the offence of rape; Whereas according to the provisions of article 533-10, rape is punishable by imprisonment for 7 (seven) to 10 (ten) years and a fine of CFAF six hundred thousand (600,000) to CFAF two million (2,000,000); Whereas, however, article 615-1 of the Code of Criminal Procedure provides for that: "If the convicted person has not been sentenced prior to imprisonment for a crime or offence under ordinary law, the courts and tribunals may order by the sentencing judgement and by a reasoned decision that all or part of the sentence be suspended"; Whereas in this case, it should be noted that GANAME Saidou alias Kakaga has never been sentenced prior to imprisonment for a crime or offence under ordinary law; that he also made an act of contrition at the hearing; E- COSTS Whereas, pursuant to Article 321 -94 of the Code of Criminal Procedure, any judgement of conviction handed down against the accused shall condemn him to pay the expenses and costs to the State; Whereas in this case, GANAME Saidou alias Kalaga was found guilty of attempted rape; he should be ordered to pay the costs; UPON THESE GROUNDS Ruling in a public hearing following full trial of a misdemeanour matter in first resort, the court;  Declares G.S alias Kakaga guilty of the acts of attempted rape alleged against him;  In repression, sentences him to 12 (twelve) months suspended imprisonment and an actual fine of CFAF one hundred thousand (100,000);  Receives an application for civil damages against T.A and states that it is well-founded;  Condemns G.S alias Kakaga to pay her the sum of CFAF ten thousand (10,000) as compensation;  Orders the restitution of sealed evidence No. 2019-30, consisting of a torn loincloth all kept at the Registry of this Court under No. 51/2019 of