Judgement RPA 11.592: Prosecutor & Plaintiff Ntumba Nadine against Guylain Lilembo
In a statement made and registered on the 5th December 2008 at the Court's Registry, Mr.
Guylain LILEMBO, resident in Avenue Bongan number 17, in the District of Kasa-Vubu, in
Kinshasa, appealed the judgement pronounces on the 27 th November 2008 by the Court of
First Instance of Kinshasa-Kalamu, filed under R.P 9438, which after having declared founded
in both law and in fact the accusation of rape, awarded to the accused, sentenced him to 5
years of imprisonment and a fine of 50.000 Congolese Francs, to be paid within the legal
deadline or face 7 days of detention, also to the payment of the proceedings' fees at a
reduced rate within the legal deadline, or face 7 days of detention.
Filed in conformity with the legal rules and deadlines, this appeal shall be declared
admissible;
The accused is indicted for having committed, in Kinshasa, name of the city and capital of the
Democratic Republic of the Congo, in the District of Kasa-Vubu, on the 24th April 2008,
through the penetration of his sexual organ in the mouth, the rape of a child, NGOMA
Priscilla, of 29 months of age, with resort to cunning. Fact provided for and punished by article
170, 1st paragraph, litera b and article 167 al2 of the CPLII;
In fact, according to the first version given before the Official of Judiciary Police, Madame
NTUMBA came back from the market, on that 24th April 2008, when she suddenly found the
accused LILEMBO Guylain, seated on a brick behind the house and her littler girl NGOMA
Priscilla sucking his penis; While denying the facts awarded to him, the accused was found
guilty, as such the 1st Judge sentenced him for the crime of rape of children to 5 years of
imprisonment, as well as to a fine of 50.000 Congolese Francs and the proceedings' fees;
The accused contests the 1st Judge's decision, he appealed before the Court to obtain its
pure and simple annulment, and thus obtain his acquittal.
According to the law, articles 170, 1st paragraph, litera b and article 167 paragraph 2 of the
Penal Code Book II, provide for and punish the rape committed with resort to violence or of an
underage male or female;
The investigation, both preparatory and public, both before the first Judge and the Court,
reveals that during his defense, the accused now presenting his appeal, has always denied
having committed the sexual act of which he is accused; In face of this denial, the recourse to
the victim's mother MADAME NTUMBA does not shed any light; In fact, since the act of rape
allegedly took place during the day, in a small street behind the houses, commonly known as
tunnel, Madame NTUMBA could not quote a single witness, among the people who came to
observe the situation, that could verify her statements before the Official of Judiciary Police,
before the Prosecutor or before the first Judge;
This effort, which attempted to bring forth a witness, was further complicated before the Court,
Madame NTUMBA not residing anymore at her old address, as verified by the statements of
Mr. José KEBETE, heir of the lot number 17 of Avenue Bongandanga, in the Kasa-Vubu
District, filed in the notification documents concerning the public hearing, dated 24 th October
2008 ,by the Bailiff HAKALA of the Court of First Instance of Kinshasa-Kalamu ( Record 4 of
the file of the proceedings )