During the appeal, the President checked the identities of the accused
and disclosed the facts before the Court;
The accused was questioned;
The witness summoned by the accused gave evidence;
The statements of the victim K.A, assisted by his mother K.W.A were
heard;
The claims of the civil party, K.W.A, were heard;
The submissions of the Legal Department were heard,
The accused through her lawyer Barrister OUATTARA Issiaka made
her arguments to defend herself, and was given the floor in last
position;
The Registrar recorded the responses of the accused and the
statements of the victim, the civil party and the witness;
On this, the debates having ended, the Court ruled as follows:
THE COURT
Considering the documents in the file;
Having heard the answers of the Accused;
Having heard the testimony of the witness;
Having heard the statements of the civil party, K.W.A, who filed for civil
claims;
Having heard the submissions of the State Counsel;
Having heard the arguments made by the accused, who spoke last;
FACTS
On Monday, December 31, 2018, K.W.A filed a complaint against S.J
before the State Counsel of Faso at the Kongoussi High Court for
assault and battery committed against her minor child, K.A; The
Kongoussi Territorial Brigade opened an investigation to elucidate the
circumstances of the case. The accused acknowledged the acts while
declaring that she had inflicted the beating on the victim as a
punishment for the insulting remarks made against her; Upon
completion of the investigation, the judicial investigation reports were
transmitted to the State Counsel of Faso at the High Court who, on the
basis of the evidence contained therein, initiated proceedings against
S.J, following the procedure of direct summons to appear in court for
the acts of assault and battery committed against K.A in accordance
with Articles 8-8 and 2-4 of Decree No. 97-84 of 28/02/1997 defining
and punishing minor offences;
Before the court, the accused acknowledged the acts; She explained
that, while looking for her pig, the victim, who was passing through,
arrived at her courtyard and said the following: "Here is the harlot and
her children"; So she went to the victim's mother to question her about
her child's behaviour; In response, her mother defended him; She then
went to her neighbour's house to tell him what the victim had said
about her; Again, the victim invited herself into their debate, still
making insulting comments about her and calling her a liar; As a
result, she had to hit him on the head, and the victim fainted; she
remained there until the victim was revived and then transferred to the
hospital; After the victim was transferred to the hospital, she went
there to take responsibility of the bills for the medical care given to
him; She said that she had beaten the victim as a sign of correction,
in view of his attitude towards an elder, but that she had no intention
of hurting him;