RPA 00160/2016/HC/KIG Page |2 4. The question to be answered in this case is whether BYIRINGIRO Jean Claude pleaded guilty before the prosecution under coercion, which the first instance court ignored, leading to his conviction. II. ANALYSIS OF THE ISSUE a) Whether he has pleaded guilty under coercion 5. BYIRINGIRO Jean Claude was unhappy with the decision and appealed to the High Court, arguing that he had been convicted of child defilement while had not committed the offence, that his conviction was based on his confession to the prosecution and that he had explained to the High Court how his confession was obtained under duress because some young men went to him home, beat him and ordered him to confess to the crime, telling him they will throw him in the toilet if he does not plead guilty, but the Court rejected his defense; 6. The Prosecution argues that this ground of appeal is unfounded, and requests that the judgment under appeal remains unchanged; b) The Court's analysis 7. The Court notes that, as it appears in the judgment under appeal, especially in its paragraph 9, BYIRINGIRO Jean Claude was convicted of child defilement on the ground of the plea of guilty before the prosecution, which the Court upheld and corroborated with the findings of the medical report, as well as the statements of the prosecution witnesses who charged him with the crime; 8. It also notes that the Nyarugenge High Court, in its analysis of the case, did not uphold his denial of guilt, because BYIRINGIRO Jean Claude did not substantiate his claim that he confessed to the crime under duress by young men who went to him home, beat him and ordered him to confess to the crime, telling him they will throw him in the toilet if he does not confess to the crime before the prosecution. Article 3 of the Code of Evidence in Trial and its administration stipulates that each party must prove the veracity of his allegation; 9. This Court agrees with the reasoning given by the first instance court, because the transcript of his interrogation by the prosecution, in annex 11, shows that BYIRINGIRO Jean Claude not only pleaded guilty but explained how the crime was committed. He explained that on 2/10/2015, KAMIKAZI Raissa found him in his living room, and 2|Page

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