CASE RPA 1057/15/HC /KIG
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Court that KARURANGA had not conflict with his wife that would cause her to lie about
him.
8) The guilt of KARURANGA Arcade is also confirmed by a medical certificate stating
that Kabatesi was raped and KARURANGA was unable to refute the explanation given
by the fist judge where he detailed evidence proving that KARURANGA had raped
KABATESI, that an AIDS-positive person does not necessarily communicate AIDS
during each sexual intercourse. The High Court also ruled on the basis of Article 119 of
Law n ° 15/2004 of 12/06/2004 Relating to Evidence and its Production which provides
that in criminal cases, evidence is based on all the facts of the case and law, the parties
having been given the opportunity to be present and cross examine each other. The court
also finds that the statement of KANAMUGIRE Innocent where he alleges that he is
exonerated by the mother of the Kabatesi and KANAMUGIRE were unfounded in
accordance with the explanation given above and pursuant to Article 65 of the
aforementioned law which gives the court authority to assess the truth of the testimonies.
III. COURT DECISION
9) Holds that the appeal of KARURANGA Arcade recorded as No. RPA 1057/15 / HC /
KIG is unfounded.
10) Holds that the judgment RP 0371/15 / TGI / GSBO under appeal is unchanged.
11) Orders that the legal costs be borne by the state treasury because KARURANGA
Arcade is imprisoned.
ISSUED AND READ IN PUBLIC ON 20/05/2016:
JUDGE
SE
JURU Rugema Cécile
REGISTRAR
SE
MUSHAMBOKAZI Claire
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