DELIVERED THE FOLLOWING JUDGMENT THE COURT Having regard to Judgment No.211 of the Indictment Division of the Court of Appeal of Bamako on the 31st of July 2007 referring, to the Assizes Court: Diakaridia COULIBALY aka Diaki: Born around 1977 in Bamako, son of Dembélé and of Sitan DABO, driver, domiciled in Baco-djicoroni, bachelor, father of a child of Malian nationality, has not done his military service, and is without conviction; Charged with Rape Committal Order of 28th June 2006; Having regard to the order of arrest issued against the above-named persons and inserted in the referral judgment; Having regard to the declaration of the Assize Court on this day finding the accused, in majority, guilty as charged; Having regard to the declaration of the same Court on this day finding, in majority, that there exist mitigating circumstances in favour of the accused. HAVING HEARD the State Prosecutor in his submissions on the application of sanctions to the facts declared undisputed by the Court and upheld against the accused; HAVING HEARD the defender of the accused and the accused himself who spoke last to the Court in his defence; Having deliberated in accordance with the law; WHEREAS the facts declared established by the Assizes Court in relation to the accused are defined and punished by Article 226 of the Penal Code; Having regard to the said Article, together with Articles 346, 363.631 of the Criminal Procedure Code and 728 of the Social, Commercial and Civil Procedure Code, which read as follows: ARTICLE 226 OF THE PENAL CODE: - Any act of sexual penetration, whatever its nature, committed on another person by violence, coercion, threat or surprise constitutes rape. Rape is punishable by five to twenty years' imprisonment and optionally one to five years of banishment. If the rape occurred with the help of several persons or on the person of a child under fifteen years of age, the offender shall be sentenced to twenty years, banishment of five to twenty years,