Whereas the girl xxx, heard subsequently at the preliminary investigation and before the bar and in the presence of her tutor, maintained that on October 27 after dinner, she went with her sister to a dance ceremony which was held in the public square of the village, that on the spot while she was alone, a person came to ask her to go buy her sweets, which she refused, then the person later known as xxx held her by the forearm to drag her in the direction of the outskirts of the village, took her into the tall grass despite her cries, near an unfinished building where he took off her underwear and was getting ready for the sexual penetration sexually, but because of her cries a lady who lived in a neighboring house came to her aid, which led to xxx to flee before being caught by the young people of the village; Whereas the defendant explained during the police investigation that he admits to being the author by explaining that on that day he had a strong desire for sex and having seen a girl alone, he asked her to go and buy him some candies by giving her a 200-francs, that when the latter refused, he led her into the bush, holding her by the forearm, on the outskirts of the village where he undressed her and began to caress her sex, adding that when he was about to penetrate her, the girl screamed loudly, which alerted a lady who came to her aid, which compelled him to flee before being caught; Whereas before the bar the defendant denied the facts by arguing that he did not want to do anything to the girl, that he simply asked her to accompany him to show him a path he was looking for, that in on the way the girl who did not know the place got scared and shouted alerting the inhabitants; On pedophilia; Whereas article 320 bis characterizes as pedophilia any gesture, caress, touching, pornographic manipulation, or use of images or sounds for sexual purposes on a minor under the age of sixteen; That it is not in dispute that xxx is under the age of 09; Whereas she has constantly stated that the defendant took her overnight to an isolated place where he undressed her and caressed her sex; That during the police investigation the defendant confessed in full detail that he had undressed xxx and caressed her sex and was even preparing for penetration; Whereas xxx heard as a witness declared that on the day of the events when she was alerted by the shrill cries of a girl, she approached and saw a girl named xxx in tears with her panties down and at the same time saw xxx flee before he was caught by the young people of the village; That the confession of the accused made at the preliminary investigation, the constant statements of the victim, the damning testimony of the lady xxx as well as the circumstances of the arrest in into the act of the defendant are all evidence of commission by the defendant of acts of pedophilia on the young girl xxx, aged 9;