CASE RPAA 0008/10 / HC / MUS

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THE MUSANZE HIGH COURT, SITTING IN MUSANZE AT ITS HEADQUARTERS,
HEARS THE CRIMINAL CASE RPAA 0008/10 / HC / MUS ON APPEAL ON MAY 15,
2011 AND DECIDED AS FOLLOWS:

PARTIES
APPELLANT: Bigirimana Jean Claude, son of Ntawanga and Ntumwabahatse, born in
Rukondo cell, Kintobo sector, Nyabihu District in Western Province in 1982, where he
resides, is a Rwandan, single and local Defense, he is remanded in custody.
DEFENDANT: The prosecution is represented by Mukagashugi Agnès, a national
prosecutor.

SUBJECT: Appeal against the judgment No. RP 0750/06 / TGI / RBV passed by the
Rubavu High Court on 19/11/2007 (rape of a 12-year-old girl named Mutuyimana, a
felony punishable under Articles 1, 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] Bigirimana Jean Claude was arrested on suspicion of sexually abusing a 12-year-old
girl named Mutuyimana by giving her a hundred francs. The judicial police began a
preliminary investigation into the case and handed it over to the prosecution for further
investigation. The latter charged Bigirimana Jean Claude with rape of a girl under 14
years of age.
[2] In the case of RP 0750/06 / TGI / RBV decided on 19/11/2007, the Rubavu High
Court convicted Bigirimana Jean Claude of sexually abusing a minor girl named
Mutuyimanawiba under the age of 14 years, sentenced him to thirty years' imprisonment
(30 years of imprisonment) and ordered him to pay Rwf 7,150. Jean Claude Bigirimana
was dissatisfied with the outcome of the judgment and appealed to the Musanze High
Court, and his appeal was recorded under RPA 0116/11 / HC / MUS. In the course of
the trial, there was one issue that the court had to consider, which was to determine
whether the defendant's plea of guilty would be a mitigating circumstance for the
appellate court to reduce the sentence imposed by the court of first instance.

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