RPA 00201/16/HC/KIG Page |1 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? 1|Page