The defendant was questioned. The registrar took note of his statements and
answers. The public prosecution requested the application of the law to the
defendant. The defendant submitted his defense. Then the Court, after
deliberation in accordance with the law, ruled in these terms:
THE COURT
Considering the exhibits in the file;
Considering the questioning of the defendant;
Considering the default of the civil party;
Considering the submissions of the public prosecution;
After deliberating in accordance with the law;
Whereas following the interrogation report on flagrante delicto No xxx of 28
October 2014, the defendant xxx appeared before this Court charged with the
offence of having, in Dakar in 2013, in any case before the public action was time
barred, beaten and injured a female person named xxx entailing a temporary
work incapacity (ITT) of 23 days; facts provided for and punished by article 294 of
the penal code;
On merits
On the public action
Whereas the defendant denied the charges against him;
Whereas the facts of willful battery and assault on a female person in the
indictment act shall be analyzed as violence and assault following the
investigation during the hearing;
That it befits to de-characterize them in this sense, and declare him guilty of them
and sentence him to 15 days of imprisonment;
On Damages
Considering that lady xxx neither appeared nor filed submissions nor was
represented at the hearing;
That it befits to reserve on damages;
That it befits to sentence, furthermore, the defendant to pay costS
FOR THESE REASONS
Ruling publicly, after trial with regard to the defendant at by default with regard
to the civil party, in correctional matters and in first instance;
De-characterize the willful battery and assault on a female person against the
accused into violence and assault;