2006, all immoral acts carried out intentionally and directly on a person
without valid consent from the latter constitutes of an indecent assault.
In the present case, the facts conclude this to be an offense as the accused
intentionally ordered the victims to strip naked in broad daylight, in front of a
crowd of people but he also ordered them to introduce their fingers in their
vaginas and to exhibit themselves in several positions. The accused’s
argument that the ceremony was led by the Kimbilikiti spirit in accordance with
the lega custom is irrelevant as said custom is against the law and contrary to
morality and can therefore not be applied.
Therefore, the Court declared the appeal by the accused admissible but
unfounded and accordingly confirmed the previous judgement in all its
dispositions.
THEREFORE;
The Court, judicial section;
Ruling after the public and due hearing of both parties
Having heard the Prosecution in its requests;
Receives the accused MUKWANDUME MOMBOLO Jérôme’s appeal and
finds it unfounded; confirms the previous judgment in all its provisions;
sentence’s the accused to pay in full the fees of the proceedings, payable
within the legal deadline or face a 30 day imprisonment.
The Appeal Court of Bukavu therefore gathered and delivered at the public
hearing of the 21/12/2011 which was attended by the Magistrates Emmanuel
SHAMA VU MURHIMBO, President; Vicky TSHIBOLA KABALA and Gabriel
MULEMADA, Advisors, in the presence of NGWAPTTHJ MUKEMO, Public
Prosecutor and with the assistance of BWENDE RAYMOND,the Court's
Clerk.
The Clerk
The Advisors
The President