THE COURT;
Mindful of the documents presented;
Having heard the arguments made by the accused;
Having heard O. K. V in her explanations and constitution
of civil party;
Having heard the submissions of the Legal Department;
Having received the floor in last position, the accused made his
arguments to defend himself;
I- FACTS
On 12 August 2016, the Territorial Gendarmerie Brigade
received O. K. V’s complaint against B. E, her husband's cousin, for
assault and battery;
The latter, invited to report to the said Brigade did not comply;
A week later, on 19 August, it was the turn of BOUGMA Eric,
the concubine of O. K. V, to file a complaint against B. E,
this time for having made death threats against his concubine;
He explained that B. E implied to BOUGMA Théophile, one
of their paternal uncles that, he had not been able to take the life of O
K. V because of the intervention of neighbours: That, this time
around, nobody would stop him; that it was this uncle who reported
the threats to him so that he could take the necessary measures;
From the testimonies of BOUGMA Théophile, it appears that
the accused uttered death threats to O. K V; that, unable to
dissuade her, he informed BOUGMA Eric; and that, he believed that
the accused was capable of carrying out his threats given that a few
days earlier he seriously injured the woman in question;
From the statements of SORE Issa, village councillor of Bam-village,
four months ago, B. E attacked the wife of his brother, his baby and his
little sister, causing serious injuries on the brother’s wife. This time,
he reiterated his death threats against O. K. V in front of her in-laws
and her paternal uncle; When apprehended and questioned,
B. E acknowledged that he had inflicted blows causing
injuries to O. K. V, after he had tried in vain to dissuade her from
inciting his wife to use contraceptives;
That, as regards the threats, he held them just on the day of their
dispute; That he never repeated them either in front of his uncle or in
front of anyone else;
When referred to the Legal Department, the State Counsel of Faso of
the said Court initiated proceedings following the flagrante
delicto procedure against B. E for intimidation, in application of Article
348 of the Penal Code;
When heard during the flagrante delicto investigation, B. E,
while acknowledging the facts of the threats, explained that he had no
intention of carrying out his threats; That his action was motivated
by his desire to dissuade the complainant from giving advice on the
adoption of contraceptive methods to his wife; That he had
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