Judgement RPA 2817: The case: MP and PC BATACHOKA MULULUWA against the
accused SAIDI NYANSIDE
In the letter of the 23rd March 2012 addressed to the division clerk of the Court of First
Instance of Uvira, the Prosecution's official appealed the sentence of the 17th March 2012,
filed under R.P. 2345 by said Court.
In the terms of this judgement, said tribunal established the guilt of the accused SAIDI of the
crime of rape of children, sentencing him with the admission of extenuating circumstances to
3 years of prison and a fine of 800.000 FC or 30 days of imprisonment; received and deemed
founded the civil complaint and sentenced the accused to damages of 10.000$US payable in
Congolese Francs, sentencing to the payment of the fees of the proceedings. Against this
very sentence, the accused formally presented an appeal on the bench on the 21 st September
2012, on the grounds of finding it ill-advised.
In the case's appeal at the public hearing of the 21 st July 2012 in which this case was taken
into deliberation, the accused, as well as the Prosecution, were present in person, each
assisted by their counselors; Laywer Augustin PUCHU of the Bukavu bar for the accused,
Lawyers ATULINDE of the Kindu bar, NADINE of the Goma bar, and MIRINDI of the Kukavu
for the Prosecution.
The procedure is thus taken in conformity with the legal standards and time frame, both
appeals are admissible. The facts of the case inform that on an uncertain date, but during the
month of February 2010, the one called SIN IYA KAHULWE, aged 17, was kidnapped by the
accused SAIDI, from the city of Uvira to the locality of Mboko in the Fizi territory, where he
managed to impose himself on the victim in such a way as to have sexual intercourse that
lead to a pregnancy. He also promised to marry her.
In the meanwhile, Mr. BATACHOKA WA MULULWA, the victim's father, went looking for his
daughter and after finding the accused and his victim addressed the Prosecutor on the 2 nd
May 2011 to denounce the crime of rape committed by the accused against his daughter.
Arrested on the 10th January 2012 by the Prosecution, the accused was transferred to the
Court and sentenced by it in the decision now under appeal.
Explaining the motive of its appeal, the OMP states that the sentence inflicted to the accused
by the 1st judge was insignificant regarding the facts presented before him. Also, it demands
through the present appeal that the Court alters this decision by extending the sentence to 10
years of prison and a fine of 5000.000 FC.
Interrogated by the Court, the accused states that the victim was his fiancee at the time of the
events and that she is currently his wife, being under these conditions, he claims, that he
obtained sexual intercourse with her. He also claims that the victim was of legal age at the
time of the events and that it is also for this reason that he has appealed, for having been
wrongly sentenced by the 1st judge, he claims.