RPAA 0029/14/CS
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3. NGENDAHIMANA Jean Bosco appealed to the Supreme Court alleging that the
High Court and the Rwamagana Chamber did not allow him to explain how he
had raped DUSHIMIMANA Ruth and pleaded guilty, and had not investigated
the true age of DUSHIMIMANA Ruth who was raped, and that the sexual
intercourse was consensual. But at the time of the trial he says he will drop those
last two arguments.
4. In the public hearing on the case that took place on 10/07/2017,
NGENDAHIMANA Jean Bosco was assisted by Barrister IYAKAREMYE Thérèse,
while the Prosecution was represented by the General Prosecutor of the Republic
NIYONKURU Françoise.
II.
THE ISSUE OF THE CASE AND ANALYSIS THEREOF
Whether NGENDAHIMANA Jean Bosco could have his sentence reduced by the
Rwamagana High Court
5. NGENDAHIMANA Jean Bosco argues that the Rwamagana High Court did not
give him sufficient time to plead guilty and make request for pardon, that his
appeal is meant to allow him accept the offence and request pardon for it, that his
co-inmates initially pushed him to deny his crime on the ground that there was no
medical report ascertaining rape; that he has already understood the gravity of
the crime, which is why he is asking this Court to apply a lighter punishment and
reduce his heavy sentence of life imprisonment.
6. As to the commission of the crime, NGENDAHIMANA Jean Bosco explains that,
on 18/06/2013, he left his home where he was working and went down to the
farm, where he met DUSHIMIMANA Ruth with the other children fetching
firewood; these other children ran away but Ruth stayed. He then grabbed her and
had sex with her without her consent, he apologizes for the rape, and adds that his
years in prison had caused him to repent enough that if he was forgiven he would
never do it again.
7. Counsel for NGENDAHIMANA Jean Bosco, Barrister IYAKAREMYE Thérèse,
added that her client pleads guilty, and asks the court to apply the provisions of
Articles 76 and 78, 1º of Organic Law n ° 01/2012 / OL of 02/05 / 2012 establishing
the Penal Code, and Article 35 of the Code of Criminal Procedure, and commutes
his sentence to ten (10) years.
8. The Prosecution's Representative states that if NGENDAHIMANA Jean Bosco
now pleads guilty, the court shall consider it and reduce his sentence to ten (10)