RPA 0480/13/HC/NYA Page |1 THE NYANZA HIGH COURT, AT ITS HEADQUARTERS IN NYANZA, HEARING CRIMINAL CASES ON APPEAL, PUBLICLY DECIDES ON THI CASE AS FOLLOWS PARTIES APPELLANT: NDINDIRIYIMANA Damascène, son of BUREGEYA and MUKARUCYAMO Domitille, born in 1988, in Kiyumba Village, Gatwentwe Cell, Cyanika Sector, Nyamagabe District, Southern Province, where he lives and resides, he is a Rwandan, single, farmer, he owns one cow, he is serving a six (6) months imprisonment; THE PROSECUTOR, represented by MUGABO Déo Lambert. SUBJECT: Child rape (appeal against judgment RP 0168/13 / TGI / NYBE issued by Nyamagabe High Court on 14/11/2013). I. FACTS AND PROCEDURE 1. The Prosecution indicted NDINDIRIYIMANA Damascène before the Nyamagabe High Court for sexually abusing a girl of fifteen (15) years of age named MUSHIMIYIMANA Jeannette. The complaint was recorded under RP 0168/13 / TGI / NYBE and the case was adjudicated on 14/11/2013. The Court convicted him of rape and sentenced him to ten (10) years’ imprisonment. 2. The Court based the conviction of NDINDIRIYIMANA Damascène on his confession and apology expressed at different stages of the investigation. 3. NDINDIRIYIMANA Damascène was dissatisfied with the outcome of the case. He appealed stating that he pleaded guilty since the beginning of the prosecution but had been given a heavier sentence. He requests a reduction of the sentence so that he can take care of the child he and MUSHIMIYIMANA Jeannette gave birth to. 4. The Prosecutor argues that NDINDIRIYIMANA Damascène’s request has been granted, that he should not have his sentence reduced, but his sentence at the first instance should be confirmed. 5. The issue to be considered in this case is whether NDINDIRIYIMANA Damascène who pleaded guilty since the beginning of the prosecution has been given a heavier sentence that should be reduced. 1|Page