After examining the accused's first complaint, the Court finds it non-admissible. In fact, all the elements of the inquiry are against the accused, since he admitted to having sexual intercourse with BUSIME and to being responsible for her pregnancy. In this sense, the material substance of the crime of rape does not require further evidence. The same applies to the legal protection of BUSIME as a woman. However, the accused alleges, concerning the intentionality of his actions, to have had sexual intercourse with an adult. But he does not present evidence of the victim's adulthood. Moreover, without presenting any evidence to the contrary, he disputes the Bulletins presented in this case in which the victim's birth date is established to be on the 27th July 1994. Unaware of this fact in criminal matters, the acting Judge may base his age criteria and be persuaded of minority of age by the lawful provision that, in doubt about the victim's age, it is the minority that shall prevail. After examining the accused's second complaint, the Court finds it non-admissible as well. In criminal matters, one may be a direct or indirect victim of a crime. Since BUSIMWA CHIZUNGU is the husband of the victim's mother and the main provider of her family since she was 2 years old, he has the right to demand reparations for the damages inflicted by the accused, given that the responsibility of the direct victim's pregnancy falls upon him. The Court thus rejects all the complaints presented by the accused; So once the accused's appeals have been found unfounded, the Court concludes that, by sentencing him, the first Judge has done useful work and will confirm it in all of its provisions. THEREFORE The Court, judicial section Adjudicating after due hearing of both parties Having heard the Prosecution Receives the accused's appeal and declares it unfounded, confirms the sentence given in all of its provisions. Sentences the accused to the payment of a fine, to be paid within the legal time frame or instead to 15 days of imprisonment. Thus deliberated and pronounced by the Appeals Court of Bukavu, in its Public Hearing on the 24th May 2012, which has been chaired by the Magistrates EMMANUEL SHAMAVU MURHIMBO President, VICKY TSHIBOLA KABALA and GABY MULE MADA Counselors, in the presence of SPG NGWAPITSHI MOKENO, OMP, assisted by MUNGWA ERE SAILI, Clerk of the Court Clerk Counselors President

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