RPA 0155/15/HC/NYA

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THE NYANZA HIGH COURT, AT ITS HEADQUARTERS, HEARING CRIMINAL
CASES AT THE APPELLATE LEVEL DECIDES ON CASE RPA 0155/15 / HC / NYA
AS FOLLOWS:

PARTIES
The Prosecution is represented by PN UWIZEYE Jean Marie.
DEFENDANT: KARISA Boniface, son of BASHIR and MUGENZI Zaina, born in 1982,
in Nzega village, Nzega Cell, Gasaka Sector, Nyamagabe District, Southern Province.

OFFENCE: Child defilement (Appeal against Case RP 0116/14 / TGI / NYBE)

CIVIL PARTY: MAZIMPAKA Hussein, son of GASHIRABAKE and NYIRAMINANI,
born in 1972, lives in Nzega village, Nzega Cell, Nyamagabe Sector, Southern Province.
On behalf of his daughter DUSENGIMANA Anita. He was assisted by Barrister
MUJAWAMARIYA Dativa.

I. FACTS AND PROCEDURE
[1] KARISA Boniface was indicted by the Prosecution for sexually abusing a 13-year-old
girl named DUSENGIMANA Anita. He met the girl in a small center at night and took
her home. Shortly after, the girl's father came looking for his daughter, and found them
in the house after he had raped her. KARISA was tried in the first instance by the
Nyamagabe High Court; the father of the child filed a civil party action on behalf of
DUSENGIMANA. The defendant pleaded not guilty but the Court convicted him and
sentenced him to ten years in prison and a fine of 1,000,000 Frw.
[2] KARISA Boniface was not happy with the decision. He appealed to the NYANZA
High Court. He asserted that he does not deserve a punishment because he did not
commit rape, that he has a dispute with the girl’s father, that a medical report shows that
she had been having sex for a long time, and that KARISA is HIV-positive while the girl
is not infected. The Prosecution explained that defendant’s allegation is an attempt to
escape the crime. The civil party asked that damages be increased to 6,000,000 Frw.

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