Considering that, beyond these uncertainties and the
persistent discrepancy in the parties' statements, it is
important to note that the incriminated facts were initially
attributed both to the accused and to the person named ...
who became untraceable after he escaped, as confirmed
by his own wife ... who was heard during investigation;
That it should be recalled that in this matter, criminal
responsibility must be individual and cannot be
hypothetical;
Considering that thus, in view of the objective elements
mentioned above, it must be retained that the
responsibility of the accused for the facts is hardly
established beyond doubt;
That it is therefore appropriate to overturn entirely the
contested judgment and consequently to declare the
accused acquitted;
FOR THESE REASONS
Ruling publicly in presence of parties in correctional matters
and at appellate instance;
On procedure
Declares the appeal admissible;
On merits
Overturns the contested judgment entirely;
Deliberating afresh: Declares the accused acquitted;
Orders the costs to be borne by the Treasury;
Thus done, tried and pronounced by Dakar Court of Appeal
on the above day, month and year.
And have signed the President and Registrar./-