In the present case, the Court maintains that the fact that the accused called the little girl IDA inside the construction site's house, an isolated venue where he found himself alone with her, that he undressed her and himself until his pants were down to his knees, are visible acts that mark the beginning of the offense of rape of children and translate the resolve of the accused to commit it against the child KISANGA IDA. The occurrence was suspended only due to circumstances other than the accused's own will, in this case the arrival of Miss Didienne. It follows that the accused committed the offense of attempted rape of child. Thus, it appears that it was in error that the 1st Judge disqualified the offense of rape of children turning it into indecent assault without violence, his work shall be corrected in this regard. This is in conformity with the grounds of appeal of the Prosecutor that reproached the 1st Judge for having disqualified the offense of rape of children in that of indecent assault without violence when all the legal elements were gathered; Regarding the sentence, the Court finds that under the terms of article 170 of the law 009/001 of the 10th January 2009 regarding the protection of children, the rape of children is punishable with seven to twetnty years of imprisonment and a fine of eight hundred thousand to one million Congolese Francs. In its indictment, the Prosecutor requested a sentence of 20 years of imprisonment for the accused. The Court finds this a heavy sentence, the accused being a student of his state and a first offender, it shall sentence him with the admission of extenuating circumstances to 5 years of imprisonment and a fine of 500.000 CF ( five hundred thousand Congolese Francs); The Court notes that without having appealed the first Judgement, the Prosecution requested the increase of damages and interests to the amount of 30.000$ (thirty thousand US Dollars). This request shall be declared inadmissible since a party cannot change one of the Judgement's dispositions without having contested it through an appeal; THEREFORE The Court, judiciary section; Adjudicating after the public and due hearing of both parties, having heard the Prosecution in its requests; Receives the appeal of the accused MULUMEODERHWA MATÜMUABIRI and finds it partially founded. Nullifies the previous Judgement in that it disqualified the offense of rape of children in that of indecent assault without violence; Disqualifies in turn this offense of rape of children in that of attempted rape of children; It pronounces this offense established in the eyes of the law as being the responsibility of the accused; Sentences him to (redacted) 3 years of imprisonment and a fine of 500.000 Congolese francs to be paid within 15 days or face 30 days of detention. Confirms the contested Judgement in all other matters Finds the demand for increase of damages and interests requested by the Prosecution inadmissible. Sentences the accused to pay the fees of the proceedings at a reduced rate within the legal deadline of face 15 days of detention.