Considering that all the parties appeared at the hearing;
That it is appropriate to rule on the basis of counter-argumentation;
On the merit
On the facts and the procedures
Considering that it emerges from the investigation report No… of 18 February 2019 that Ms had
deposited a complaint at the gendarmerie brigade of the zone against …. for raping her grand-daughter.
That when heard, she said that in February, she noticed that her grand-daughter had difficulty sitting
down during meals, struggling with pain in her private parts, holding coins worth 125 francs and wearing
a watch that she said she had received from the accused on credit; That she told her that the latter, taking
advantage of her presence in his shop, had raped and injured her in sex organ, reason for which she could
not stand up;
That…, heard as a witness, confirmed the statements of the complainant by specifying that she noted red
stains on the victim's dress the day she had returned from the shop wearing a watch, and that the latter had
revealed to her on this occasion that twice … had sexually touched her;
That during her auditioning, … said the accused had asked her to come and take a commission from her
grandmother, and that on her arrival, he took her behind the shop, undressed and pulled her to himself
after lowering his black pair of trousers and red knickers; That when he had finished penetrating her, he
gave her lollipops and ordered her not to tell anyone; That when he tried repeating the act in the shop a
second time, she screamed before he stopped.
Questioned by the investigating gendarmes, … disputed the accusations and claimed to have left his
business place on the day of the said acts around 12:30 p.m. and only went back there in the evening;
That he confirmed that he was wearing jeans trousers, a green t-shirt and red knickers and admitted
having given … a watch on credit, and that should was to pay him the sum of …;
That he affirms that the girl had never entered his shop;
Considering that the medical examination conducted on the victim on 05 February 2019 revealed the
breaking of the hymen estimated to have happened between 2:00am and 6:00am;
Accused of raping a girl below the age of 13, pedophilia and abduction of a minor, … alias … was tried
by the Pikine-Guediawaye High Court, deliberating on flagrante delicto case, which passed the judgment
being contested in appeal;
On the appeal
Considering that the accused denied the accusations and claims to have neither raped nor abducted the
girl, whom he claims never to have approached, that he said he has two wives and six children; that he
also noted that his shop does not have a toilet, and that it is the toilet of the apartment that he was using;
That he specified that his wives were not in Dakar at the time of the alleged incidents;
That he admitted selling charcoal and tuna fish at his shop, but refused having sold charcoal and bread
with tuna fish to the girl; that he admitted having sold her a watch;
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