CASE Nº RPAA 0069/2017/CS Page |4 NAHAYO Jean-Pierre pursuant to paragraph 2 of Article 34 of Law nº 27/2001 of 28/04/2001 Relating to Rights and Protection of the Child Against Violence, in force at the time of the crime, as that paragraph applies to a child victim of rape under the age of 13 and provides for life imprisonment and a fine of 100,000 Frw. The applicable provision was the first paragraph providing for 20 to 25 years imprisonment and a fine of 100,000 Frw for raping a child aged between 14 and 18 years. 15. With regard to the sentence NAHAYO Jean-Pierre seeks to reduce, the Court finds that although not admitting the age of the girl whom he raped even though the girl did not give the exact age, he pleaded guilty for rape since the start and apologized for it. He continues pleading guilty before this Court and even expresses remorse for the crime he has committed, and therefore he deserves pardon and a reduction of his sentence in order to give him the opportunity to correct himself. A reduced sentence is also based on the sentence he should have been given, i.e., 20 to 25 years as described above, instead of life imprisonment. 16. The Court therefore finds that, considering the fact that the sentence may be reduced in accordance with Article 83 of the Legislative Decree nº 21/77 of 18/08/1977 mentioned above, which provides that a sentence of imprisonment of 5 to 20 years or more can be reduced to one year imprisonment, NAHAYO JeanPierre should be sentenced to fifteen (15) years imprisonment and a fine of 100,000 Frw, so he should be released immediately as soon as the sentence is read because he has fully served the sentence given that he is in prison since 03/01/2002. III. COURT DECISION 17. Holds that NAHAYO Jean-Pierre’s appeal for the purpose of reducing his sentence is well founded; 18. Decides that he be sentenced to fifteen (15) years imprisonment and a fine of 100,000 Frw; 19. Holds that the judgment No. RPA 0099/05 / HC / NYA decided on 21/10/2015 by the High Court, Nyanza Chamber, is changed with respect to the sentence; 20. Orders the immediate release of NAHAYO Jean-Pierre as soon as the judgment is read because his sentence had been completed;

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