and led to her death in a medical facility; Further, the autopsy report of the 5 th January 2011 established by the forensic doctor BOKOLOMBA MPELA of the Kintambo General Hospital, indicates that the victim dies following a septicemia, that is a generalized infection that invaded all the circulatory system following the abortive measures. It specifies above all that the girl's pregnancy was beginning but intact ( See marks 12-13 of the plaintiff's file); Thus, Ruling again and doing what the 1st Judge should have done, the Court sentenced the accused on the count of attempted abortion to 5 years of imprisonment; since the two offense were committed in tandem, the accused shall be punished with a total sentence of 15 years and his immediate arrest, once he has been missing since his conditional release, while being expected regularly at the hearings; Having suffered considerable moral harm, the family of KILOMBO Sarah shall be awarded by the Court damages and interests under the responsibility of the accused. But the amount of 100.000$ USD being a bit exorbitant, the Court sentences the accused to pay 50.000 USD in damages and interests; THEREFORE The Appeals Court, judiciary section; Ruling after a public and due hearing of both parties regarding the plaintiff and by default regarding the accused; Having heard the Prosecution; Declares the Prosecution's appeal admissible and partially founded; Consequently, confirms the previous judgement in all its dispositions except the ones relative to the crime of attempted abortion and the length of the sentence for the crime of rape; Amending it in this regard, it sentences the accused LUKUSA KADIMA to 10 years of imprisonment and a fine of one million Congolese Francs ( 1.000.000 FC); for the crime of rape and in case of non-payment, to 3 months of detention; Also declares established both in fact and in law the crime of attempted abortion held against the said accused and sentences him to 5 years of imprisonment; Declares the two offenses as having been committed in tandem and brings the cumulative sentence to 15 years of imprisonment; lastly, sentences him to 50.000 $USD in damages and interest for all the harm suffered; It places upon him the ensemble of the proceedings' fees; Thus gathered and pronounced by the Appeals Court of Kinshasa/Gambe, in its public hearing of the 15th June 2012, in which were seated the Magistrates MAVUNGU MAVUNGU NKONGO, President of the Chamber, MAYINGILA GIDEBI and MVIEKIANI Alexis, Advisors, in the presence of the Prosecution represented by the Magistrate WAKUTEKA and with the assistance of Mr. NKASHAMA, the Court's Clerk. The Clerk The Advisors The President