Whereas the guilty intention can be inferred from the circumstances of the case; whereas by dragging his victim into the room and then removing her intimate clothing in order to force her to have sexual relations with him, O.M unambiguously demonstrated a guilty intention; whereas in view of all the foregoing, all the elements constituting the crime of rape are established against him; whereas he should be found guilty and convicted: 2-Sentence Whereas, within the meaning of Article 14 of the above-mentioned law, rape is punishable by 5 (five) to 10 (ten) years' imprisonment; whereas, however, pursuant to Article 77 of Law No. 015-2014/AN of 13 May 2014 on the protection of children in conflict with the law or those in danger, a child for whom the prejudice of a contravention or offence is established is subject to one or more measures or sanctions, including handing him/her over to his/her parents; Whereas in this case, it emerges from the proceedings at the hearing corroborated by the social investigation report that the criminal situation of the minor is due to his bad company; that since his provisional release on December 5, 2014, the minor improved his relations; that he has a family where he enjoys a harmonious life with his concubine; that he is the father of a child to whom he provides care and attention; that he carries out an income-generating activity that has enabled him to integrate perfectly into society; Moreover, the victim and his mother appearing at the hearing affirmed that the two families have forgiven each other; that, when questioned specifically on the matter, the victim affirmed that she had forgiven her aggressor; that the incident is now a past event; that the accused should be given a sentence that will enable him to further consolidate his social integration; that, in this sense, handing the minor over to his parents is the most appropriate sentence; that, in application of article 77 of the abovementioned law, it is appropriate to hand the minor over to his parents for better care; C. Civil Action Whereas under articles 2 and 418 of the Code of Criminal Procedure, the claim for damages parallel

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