Called up at the hearing of July 26, 2012, in accordance with article 384
of the Criminal Procedure Code, the case was successively adjourned, then at the
hearing of August 9, 2012, further investigation was ordered by the court and
case adjourned to August 30, 2012 for presentation of report. On the day of the
hearing, the case was successively adjourned until the hearing of November 22,
2012 where it was retained for deliberation;
When the case was called up, the Prosecutor explained that, by the
aforementioned minutes, he had made the accused appear before the Tribunal at
the hearing of the said day to defend himself regarding the above accusations;
The Registrar then read the documents in the file.
Then the witnesses produced by the prosecution were heard;
The defendant was heard, and the Registrar took note of the statements of
the witnesses with the responses of the defendant;
The civil party, A.L, declared that she was a civil party, requested
acknowledgement from the Court, which so granted to her, and ended by
claiming damages;
The Prosecutor did a summary of the case and demanded that the law be
applied against the defendant. The defendant presented his defense,
Then the Court, after having deliberated in accordance with the law, ruled
as follows:
THE COURT
Having regard to the documents in the file;
Having heard the accused during his interrogation;
Having heard the civil party in his conclusions, the Prosecutor in his
requisitions, the accused in his means of defense;
On the form:
Whereas T.N. appeared before the Criminal Court upon accusation of rape
of a minor under the age of 13 and pedophilia;
That it is appropriate to rule on the basis of counter-argumentation with
regard to the case;
On the merit:
Whereas according to the interrogations report on a flagrante delicto case
of July 23, 2012, the Prosecutor had T.N. appear at the bar of the criminal
court in this jurisdiction upon accusation of having, in the village of
Touba, in the jurisdiction de Diourbel, in January 2012, using coercion,
threat or surprise, committed an act of sexual penetration on the person of
M.D.D, with the circumstance that the victim is under 13 years old; of
having in the same circumstances of time and place committed touching or
caressing for sexual purposes on the aforementioned person under 16 years
of age;