On the other hand, the medical report established on the 25th April 2008 by Dr. KANINGIKINE BAKITUKA indicates that this doctor, lacking precise elements about the rape, instead healed a prurigo with hyper-coloured stains present on the behind of the little girl NGOMA , but concluded that “given that the suction was made through the mouth and that, to worsen, there are not visible and certain stigmas, we withhold any commentary”, this sows doubt and further strengthens the denials of the accused. The Court, in light of the above, finds that there are not sufficient elements awarded to the accused to establish his guilt, now subject to appeal; It must thus declare the latter's appeal founded, consequently to nullify all the previous judgement's dispositions and ruling again, declares not established, both in fact and in law, the accusation awarded to him. THEREFORE The Court, judiciary section; Ruling in public and in due process regarding the accused, now appealing Having heard the Prosecution in its requests; Receives the appeal and declares it founded; Consequently, nullifies the previous judgement in all its dispositions; Ruling again and doing what the 1st Judge should have done; Declares not established, both in fact and in law, the offense of rape with resort to violence awarded to the accused; Acquits him on this count and removes his responsibility for the proceedings' costs; Places the costs under the responsibility of the Public Treasury; Thus gathered and registered by the Appeals Court of Kinshasa/Gombe, here deliberating on repressive measures of the second degree, in its public hearing of the 2 nd July 2009, in which were seated the Magistrates TSHIMANGA, President of the Chamber, UBULU and IBA, Advisors, in the presence of the Substitute of the District Attorney MUKOLO, Prosecutor and the assistance of Mr. TSHILOMBO, the Court's Clerk. The Clerk The Advisors The President