CASE RPA 0120/15 / HC / MUS Page |1 THE MUSANZE HIGH COURT, SITTING IN MUSANZE HEARING PUBLICLY CRIMINAL CASES AT THE APPELLATE LEVEL DECIDES ON CASE RPA 0120/15 / HC / MUS AS FOLLOWS: PARTIES THE PROSECUTION REPRESENTED BY GAKWERERE Javan, PROSECUTOR AT THE NATIONAL LEVEL. APPELLANT: KAREMERA Valens, son of MANIRAGUHA and BAYAGWIZE Annociata, born in 1995, living in Muheta village, BUMARA cell, Rwaza sector, Musanze District, Northern Province, single. OFFENCE Child defilement provided for and punishable by Articles 190 and 191 of Organic Law Nº 01/2012 / OL of 02/05/2012 establishing the Penal Code (appeal case RP 0055/15 / TGI / MUS issued by Musanze High Court) I. FACTS AND PROCEDURE 1. The prosecution has charged KAREMERA Valens in the Musanze High Court with defilement of a 16-year-old MUKAMANA Sandrine. On different dates of the month of 12/2014, KAREMERA Valens befriended MUKAMANA Sandrine, and they met on days of prayer because she was a student. MUKAMANA started visiting her at the boutique and made her understand that he loves her that they would marry. He started having sex with her when she accompanied him and impregnated her. 2. KAREMERA Valens pleaded guilty and apologized, saying that the girl had told him she was nineteen (19) years and they had consensual sex. The High Court ruled that KAREMERA Valens is guilty of rape and sentenced him to ten (10) years imprisonment. 3. KAREMERA was dissatisfied with the judgment of the Musanze High Court and appealed against it stating that he was given a heavy sentence whereas the girl consented to sex with him and told him she was 19 years. His lawyer MFURANKUNDA Epiphanie submits that his sentence should be reduced again because he had been tricked.