Judgement RPA 11837: Prosecutor against the accused Kabamba Walosa
In his letter of the 7th May 2011 addressed to the President of the Court of First Instance of
Kinshasa/Kalamu, but received at the said Court's Registry on the 8th October 2011, the
accused KABAMBA WALOSA appealed the judgement pronounced by the above mentioned
Court on the 10th August 2011 and filed under R.P. 10.279, the case being of the Prosecution
against himself, which declared established both in fact and in law the rape of a child awarded
to him and declared him guilty, sentencing him on this count to five years of imprisonment and
a fine of one hundred fifty thousand Congolese Francs (150.000 FC), to be paid within thirty
days or face 7 days of detention;
Ruling on the merits of the plaintiff , it received it and declared it founded and sentenced the
accused to pay Madame NGYUVA ZANISILA the equivalent amount in Congolese Francs to
two thousand American Dollars in damages and interests within 14 days or face 7 days of
detention; sentenced him to paying the proceedings' fees at the full rate within 14 days or face
7 days of detention;
Appealing the case in the public hearing of the 22nd June 2012, the accused, being detained,
appeared in person assisted by his counselor Advocate YAMBA SASA, Lawyer at the Bar of
Bandundu; The Court declared itself in session;

The appeal is admissible under the requisite legal procedures;
The facts of the case remained constant as described by the 1st Judge.
In fact, the accused, who was a domestic worker in the victim's family household, took
advantage of his status during work hours to commit rape upon the person of Bénedicte
LUSEMO NGUAZANI, an underage child of 5 years, by lying on the house's sofa; he was
caught in the act by the latter's aunt when she returned from the market;
The Police, who was then alerted, arrested the accused opening an investigation against him,
which was sent to the District Attorney before the Court of First Instance of Kinshasa/Gombe,
that designated the 1st Judge to pronounce the judgement here being appealed;
In his appeal, the accused contests the decision of the 1st Judge for having declared
established both in fact and in law the charges held against him and having sentenced him in
the manner the above mentioned; He does not admit having committed the crimes of which
he is accused and finds that the real reason for his conviction results from the jealousy of the
family members; namely the one called NGIVAZANI-SILO who called the Police on him; For
him, because he was a domestic worker for 7 years, the latter considered that he took too
much space since he benefited from his employer's gifts. And while the latter was absent, in
order to have him leave his job without paying him his 5 months of late salaries, she
orchestrated these accusations; For the accused's defense, the three constitutive elements of
the offense of rape being held against his client are not gathered, namely:

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