CASE RPA 0037/11 / HC / MUS Page |1 THE MUSANZE HIGH COURT, AT ITS HEADQUARTERS, HEARD THE CRIMINAL CASE RPA 0037/11 / HC / MUS ON APPEAL, AND DECIDED ON 17/10/2011 AS FOLLOWS: PARTIES APPELLANT: Rwangano Benimana, son of Munyengabe Gaspard and Mukabonera Agnès, born in Kavumu village, Rukoko cell, Rubavu sector, Rubavu District in the Western Province in 1987, where he resides, he is Rwandan, single, he is detained DEFENDANT: The Prosecution is represented by Nkusi Faustin, a national prosecutor. SUBJECT: Appeal against the judgment of the Rubavu High Court in Case No. RP 0026/09 / TGI / RBV dated 13/08/2009 (Defilement of a 13-year-old girl named Hagenimana, a felony punishable under Article 33 and 34 of Law nº 27/2001 of 28/04/2001 Relating to Rights and Protection of the Child Against Violence). II. FACTS AND PROCEDURE [1] Rwangano Benimana was arrested on suspicion of defiling a 13-year-old girl named Hagenimana. The judicial police begin a preliminary investigation and transferred the case to the prosecution which decided to prosecute him for defiling of a child below 14 years. [2] In the judgment RP 0026/09 / TGI / RBV decided on 13/08/2009, the Rubavu High Court convicted Rwangano Benimana of defiling a child under the age of 14, sentenced him to 20 years of imprisonment and a fine of 100,000 Frw, and ordered him to pay legal costs of 9,650 Frw. Rwangano Benimana was dissatisfied with the outcome and appealed to the High Court-Chamber of Musanze, and his appeal was recorded under RPA 0037/11 / HC / MUS. In the course of the trial, a preliminary issue was raised which the court had to consider before deciding on the merits of the case, namely whether Rwangano Benimana's appeal was admissible given that the time limit for appeal is thirty days. III. SUBMISSIONS OF BOTH THE PARTIES ON THIS ISSUE AND THE COURT'S ANALYSIS THEREOF [3] During the hearing, the prosecution raised an objection relating to the admissibility of the appeal, alleging that the judgment RP 0026/09/TGI/RBV was heard in the