prison sentence of five (05) years; The accused presented his means of defense; Ms. N.D. became a civil party and withdrew her action; The proceedings were then declared closed and the case adjourned to January 10, 2013; On that date, the court, concluding its deliberation in accordance with the law, ruled as follows: THE COURT Having regard to the documents in the file; Hearing the accused during his interrogation; Hearing the civil party in her withdrawal; Hearing the Prosecutor in his requisitions and the accused in his means of defense; After having deliberated in accordance with the law; Whereas all parties have appeared at the hearing; That it is necessary to rule on the basis of counter-argumentation; ON THE FORM Whereas the action was brought in the legal form and time limit; That it should be declared admissible; ON THE MERIT Whereas Mr. A.K.D. is accused of having in Dagana on December 20, 2012, using coercion, threat, violence or surprise, committed an act of sexual penetration on the person of N.D, mentally retarded; Offences provided for and punishable under article 320 of the Penal Code; Whereas it results from the file and from the hearings, a serious doubt about the guilt of the defendant, and that such doubt should be in the advantage of the latter; That it is appropriate for him to benefit from the doubt and to be relieved of the accusation; 2