The counsel for applicant presented his defense;
After which, the debates were closed and the case was postponed for a judgment at the hearing of
04 September 2018;
In the hearing of this day, the Court, after deliberation in accordance with the law, ruled in these
terms:
THE COURT
Having regard to the exhibits of the file;
Considering the interrogation of the defendant;
Considering the prayers of the civil party;
Considering the requests of the public prosecution;
Considering the defense of the counsel for the defendant;
After deliberation in accordance with the law;
Whereas following the interrogation report in flagrant delicto of 27 July 2018, the public
prosecutor sued xxx before this correctional court on account of having, in Pikine, during 2018, in
any case before the time limitation of the public action, without fraud nor violence, abducted xxx,
aged 4 years, from places where she has been placed by those under whose authority and direction
she was subjected; of having in the same circumstances, by sexual touching her, perpetrated acts
of pedophilia; of having also, in the same circumstances, by coercion or surprise, committed act
of sexual penetration of whatever nature on the same person, aged 4 years; facts provided for and
punished by articles 320 and 320 bis and 348 of the penal code;
On the public action
Whereas interrogated, the defendant denied the facts;
Whereas the Public Prosecution requested against the defendant a prison term of 10 years;
Whereas the counsel for the defendant request the court indulgence;
Whereas it stems from the file and the debates at the hearing evidence of guilt against the defendant
with regard to facts brought against him; that it befits to declare him guilty and sentence him to 10
years of imprisonment;
On civil damages
Considering that the civil party neither appeared non filed submissions, nor was represented;
That it befits to reserve of her civil damages;
Whereas it befits to put costs on the defendant;