RP. A 0415/10/HC/RWG

|1

THE RWAMAGANA HIGH COURT, HEARING PUBLICLY CRIMINAL CASES ON
APPEAL, DECIDES ON CASE RP.0415 / 10 / HC / RWG ON 23/09/2011 AS FOLLOWS:

PARTIES
THE PUBLIC PROSECUTION REPRESENTED BY MADAME BUNYOYE Grace
APPELLANT: NIYIRIHO Venuste, son of Harerimana and Mukamusoni, born in 1989,
in Gakenke Cell, Rusagara Sector, Gakenke District, Northern Province, where he lives
and resides.

OFFENCE: Rape of a 15-year-old girl named NYIRABEMERIKI Séraphine. The offense
is provided for and punishable by Article 34 al.1 of Law n ° 27/2001 of 28/04/2001
Relating to Rights and Protection of the Child Against Violence.

I. FACTS AND PROCEDURE
1. The Prosecution filed a complaint against NIYIRIHO Venuste in the Nyagatare High
Court alleging that on 24/05/2008 he invited NYERABEMERIKI to tell her something,
and when she arrived he locked the door, raped her and got her pregnant. He is accused
of sexually abusing a child under the age 18 years. NIYIRIHO Venuste pleaded guilty.
2. On 09/09/2010, the Nyagatare High Court convicted NIYIRIHO Venuste of raping a
child under the age of eighteen and sentenced him to three years’ imprisonment and a
fine of one hundred thousand francs (100,000Frws). As NIYIRIHO Venuste was not
happy with the decision, he appealed to the Rwamagana High Court arguing that he had
pleaded guilty and apologized but had been given a heavier sentence, and asked for a
reduced sentence. The question to be considered in this case is whether NIYIRIHO
Venuste could have his sentence reduced.

II. ANALYSIS OF THE ISSUES IN THE CASE
•Whether NIYIRIHO Venuste who pleaded guilty should have his sentence reduced
again
3. NIYIRIHO Venuste alleges that he appealed because he pleaded guilty and apologized
but had been given a heavier sentence, and he continued to appeal to the court for a
reduction of the sentence because the child NYIRABEMERIKI Séraphine gave birth to
needs care because the mother left the child alone and went to marry a man, that he

Select target paragraph3