He therefore argued that no objective evidence in the file was found to support the victim's accusations; Whether he requested an outright acquittal or for the benefit of the doubt; Whereas xxx constantly maintained that xxx pressed her against the wall then lifted her loincloth before putting his hand on her sex; Whereas these accusations of the civil party were contested by the defendant, xxx who considered that his only fault was to have played with xxx and it was his mother who deduced offence from it and consequently trained her daughter to make unfounded statements; Whereas these denials of the accused are only means of defense which cannot prosper; That indeed, in addition to the formal and unchanging accusations of xxx; xxx testified both at the preliminary investigation and before the bar of the court having caught the defendant who spread the legs of her daughter before starting to fondle her sex while the defendant speaks of an uncomfortable position; That in addition to this, xxx, father of xxx confirmed the accusations made by his daughter and his wife against the defendant by maintaining that he had admitted the facts before changing his mind and added that the accused came to his home and used to isolate himself with his daughter; That in light of the foregoing, the charges against the accused are proven; Whereas these facts violate several legal provisions, this is the reason why the accused was prosecuted for the offenses of pedophilia and indecent assault, however only one offense will be retained in this case, the offense of indecent assault without violence; That it therefore befits to find him guilty of this offense and to sentence him to one (01) year of imprisonment; On civil damages: Whereas xxx, tutor for xxx has said he is not asking for reparation; it therefore befits to give him notice of the withdrawal of his right; DETAILS OF COSTS Stamp : 4 000 F Filing : 8 000 F Mailing : 75 F T. F: Taxe rép. : TOTAL: 75 F 75 F 12 300 F FOR THESE REASONS Ruling publicly, after trial, in correctional matters and at first instance: - Declares the defendant guilty of indecent assault without violence; - Sentences him to a prison term of one (01) year; On damages: - Notifies the civil party of the withdrawal of his right; - Orders the accused to pay the costs; - Fix the maximum prison term for failure to pay; The whole in application of the aforementioned texts, which has been read by Mr. President. Thus done, judged and pronounced on the aforementioned day, month and year. And signed the PRESIDENT and the REGISTRAR