That he had mastered and had sex with her despite her attempts to push him away
and the alerts from her younger sister who was outside and her;
That it was when her elder brother, L, entered the bathroom that the defendant
released her after finishing his dirty work;
Considering that questioned on the facts which are reproached to him, K.Y made no
difficulty in admitting them;
That stated that on the day of the incident, he went to relieve himself in the toilets
of the camp and found the victim there;
That it was then that he prevented the latter from going out by pushing her inside
and his back sticking to the wall, he had sex with her;
Considering that before the investigating magistrate, K.Y was charged with rape of
an 11-year-old minor; That all parties reiterate their statements made during the
preliminary investigation;
Considering that before the court, the defendant, after re-characterization of the
facts, was prosecuted for indecent assault consumed with violence on a minor of 15
years;
While appearing, he remained constant and faithful to his statements made since
the beginning of the proceedings;
That, as to the victim and the other witnesses, they did not appear;
Considering that the Public Prosecution requested that the accused be declared
guilty and sentenced to 36 months’ imprisonment and a 30,000 F CFA fine;
THEREFORE
IN THE FORM
Considering that the accused appeared;
That the victim and the other witnesses did not appear;
That it is not established that the latter had knowledge of the present Procedure;
That it is advisable to rule after having heard the accused and by default with
regard to the others;
OFFENCE
Considering that the accused is being prosecuted for the acts of indecent assault
consumed with violence on a 15-year-old minor;
That he had no difficulty in admitting that he forced the little KE, aged 11, as it
appears from the extract of the birth certificate produced in the file, to have sexual
intercourse with her in toilets open to all the inhabitants of a camp;