CASE RPA 1057/15/HC /KIG Page |2 II. ANALYSIS OF ISSUES ARISING IN THE CASE Whether there was irrefutable evidence to convict KARURANGA Arcade 5) KARURANGA Arcade argued in the High Court alleging that he had committed no crime, that he had instead been falsely accused by the child's mother with the intent to deprive him of his property, that the child's mother is now exonerating him, and that she incited the girl to lie about rape, that the alleged victim Kabatesi has a bad habit of having sex with other children, including the one that KARURANGA Arcade beat up to the point of being punished for it, that her sexual partners are responsible for the loss of her virginity, that witness MUGIRANEZA exonerates him now saying that she did not see Arcade sexually abusing the child, that he has AIDS while the girl is not infected. 6) The Prosecution submits that Mugiraneza's testimony in the judicial police was not obtained under coercion, that it is the mother of the child who filed the complaint with the judicial police, that the child's mother is now contradicting herself in defending her husband KARURANGA Ardace, that the fist instance judge had examined the evidence and found that KARURANGA Arcade committed the felony, that it is possible for the appellant to be HIV-positive while the girl remains HIV-negative especially that she did not undertake additional HIV test, and that HIV-AIDS is not always transmitted during sexual intercourse, that KARURANGA Arcade fails to give any evidence that would change the judgment under appeal. 7) The High Court examined the submissions of KARURANGA Arcade where he explained that Kabatesi's mother is exonerating him as does KANAMUGIRE, and found that these submissions do not refute the child's statement explaining how she was raped and MUHAWENIMANA Francine's explanation of what the child told her about rape. The girl KABATESI revealed it to MUHAWENIMANA Francine in the absence of her mother who was at the hospital in Kanombe, which shows to the High Court that the "initiative" to file a complaint against KARURANGA Arcade was taken by the mother whose daughter was raped in her absence, that it was revealed from someone other than KABATESI's mother because she was not present, and the local administration visited KARURANGA’s home that night after the child KABATESI had told MUHAWENIMANA Francine that she had been raped by KARURANGA, and KABATESI's mother was not present at the time, MUHAWENIMANA Francine was the one who said it after she was told by the girl that she had been raped and that there was not conflict between MUHAWENIMANA and KARURANGA because KARURANGA Arcade said that is the child’s mother who plotted against him, which was also confirmed by a report of the local authorities explaining that KARURANGA had not conflict with his wife (who is the mother of the child who had been raped), indicating to the High 2|Page