CASE RPAA 0034/09 / CS Page |1 THE SUPREME COURT SITTING IN KIGALI, PUBLICLY HEARING CRIMINAL CASES ON 17/06/2011, DECIDES ON CASE RPA 0018/09 / CS, AS FOLLOWS: PARTIES SAGAMBA Joël, son of Nshogoza Faustin and Burumbuke Immaculée, born in 1977, in Gatwa, Murambi, Buliza, in the former Kigali-Ngali, where he lives, bachelor, Rwandan, farmer, owns no property. Versus PROSECUTION SUBJECT MATTER Appeal against the judgment of the High Court in Kigali, RPA 1044/06/HC/KIG, dated 09/01/2009. OFFENCE Rape of a 13-year-old girl named Iradukunda Olive in Gatwa, Murambi, Buliza, in the former Kigali-Ngali, on 10/07/2005. The offense is provided for and punishable by Articles 33 and 34 of Law No. 27/2001 of 2001 Relating to Rights and Protection of the Child Against Violence. FACTS AND PROCEDURE [1] IRADUKUNDA Olive was ordinarily sharing bed with SAGAMBA Joël 's mother and another child, another bed was for SAGAMBA. On 10/07/2005, the three attended a wedding in Kigali, and IRADUKUNDA Olive stayed at home, and at night she slept with other children. SAGAMBA left his mother and the other child in Kigali, drunk, and returned home at night, found IRADUKUNDA Olive on the bed and raped her. [2] It is also submitted that IRADUKUNDA Olive wept and SAGAMBA tried to silence her without success, so the other children in the house took her to a medical clinic that night. A medical certificate later revealed that the child had been raped. SAGAMBA pleaded guilty in the Judicial Police, but when he arrived at the Prosecution he denied it.