RPA 00201/16/HC/KIG

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THE HIGH COURT AT ITS HEADQUARTERS HEARS CRIMINAL CASES ON
31/05/2016 AND DECIDES AS FOLLOWS:

PARTIES:
Prosecution
Versus
Appellant: NDAYISHIMIYE Anaclet, son of RUGABANE and NYIRAMUDABARI, born
in 1993, in Kabeza Village, Kengajuru Cell, Giheke Sector, Rusizi District, Eastern
Province, resides in Nyakariba Village, Musezero Cell, Giziso Sector.

SUBJECT: (Application for review) The offense of child defilement provided for in
Article 191 of Organic Law nº 01/12 of 3/05/12 establishing the Penal Code

I. FACTS AND PROCEDURE
[1] On 21/05/14, the Gasabo High Court convicted the defendant of defiling a 15-yearold child, and the High Court upheld the judgment in appeal on 25/05/15, convicting
the appellant of defiling a girl called Rachel Nyirandayambaje. The defendant appealed
the case, saying there was a document proving that the girl was adult and that her
caregiver was not her mother. The prosecution argues that these grounds are not valid
for a review and requests to dismiss the application.

[2] The High Court convicted the appellant of the offence and sentenced him to ten years’
imprisonment as was the case in the High Court on the ground of his plea of guilt.
[3] The High Court considered the case R.P.A 002011/16 / HC / KIG in the hearing held
on 04/05/2016, in which the defendant was not assisted by a lawyer while the
Prosecution was represented by Mukunzi Faustin.

II. ANALYSIS OF ISSUES ARISING IN THE CASE
[04] At this instance, the Court must consider the following question: is the later filed
girl's age record a sufficient reason for the retrial?
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