CASE RPA 0037/11 / HC / MUS

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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

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