When interrogated, the victim SIFA MURHULA confirmed the accused's statements,
maintaining that the latter was his fiance and today her husband with which she has a child (
which was present in Court) and that if her husband had given the dowry to her father, there
wouldn't be any problem. She concluded by requesting the release of her husband so that he
can take care of her and their child, for they are facing difficulties due to his absence.
The Court notes that the materiality of the facts is not ascertained, since the accused
recognized having sexual relations with the victim in July 2010. The Court states that on this
date, according to the victim's voter's card present in the file and not contested by the
accused, and by the victim, this latter was aged 17, having been born on the 30 th June 1993.
It is on a sound basis that the judge established the crime before him.
However, the Court finds that the sentence of seven years of penal servitude inflicted upon
him severe, taking into consideration his young age, his sense of responsibility translated by
his fervently expressed desire to take care of his wife and his child. Also, Ms. SIFA
MURHULA, currently of legal age, reaffirmed her love for the accused, as such that keeping
hum in detention for a long period of time would be to punish for the same period this woman
and her child. In light of all these considerations, the Court reduces his sentence to 2 (two)
years of penal servitude, which corresponds to a just punishment.
THEREFORE
The Appeals Court, judiciary section
Adjudicating after the public and due hearing of both parties,
having heard the Prosecution in its requests
Receives the appeal of the accused MBULA BULAMBO Alexis and finds it partially founded.
Confirms the previous judgement except where it concerns the pronounced sentence; It
amends it, sentencing the accused having admitted extenuating circumstances to 2 years of
penal servitude; Sentences him to pay the proceedings fees at a reduced rate within the legal
time frame or face 15 days of imprisonment.
The Appeals Court of Bukavu,has thus deliberated and pronounced in the public hearing of
the 25th September 2012 in which were seated the Magistrates Emmanuel
SHAMAVU MURHIMBO, President; Vicky TSHIBOLA KABALA and Gabriel MULE MADA
Advisors, in the presence of Jean MULONGOY Prosecution and with the assistance of
Prospère MIDESO; Clerk of the Court.
The Clerk
The Advisors
The President