RPA 00285/16/HC/KIG

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THE HIGH COURT AT ITS HEADQUARTERS, HEARING CRIMINAL CASES ON
01/06/2016 DECIDES AS FOLLOWS;

HABURANA
Prosecution
and
Appellant: Bahufise Emmanuel, son of Bavugukobenze and Nyirasafari, born in 1993,
lives in Kigali City, Kicukiro, Masaka, Gako, Rebero, is a Rwandan.

OFFENCE: 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 29/02/16, the High Court convicted the accused of defiling Masengesho Cyntia
who was seventeen (17) years. The Prosecution submits that Bahufite Emmanuel sexually
abused Masengesho Cynthia on 1/4/2015, in Kicukiro District, got her pregnant, and
then cohabited with Masengesho while she was still a child because he defiled her in 2015
and Masengesho was born in 1998.
[2] The High Court convicted the appellant with defilement and sentenced him to ten (10)
years of imprisonment. What the court relied on in convicting the defendant was that he
had pleaded guilty before the judicial police, the prosecution and the Court.
[3] The High Court considered case R.P.A 00285/16 / HC / KIG in the hearing dated
01/06/2016, the defendant was not assisted by a lawyer while the Prosecution was
represented by Harindintwari Come.

II. ANALYSIS OF ISSUES ARISING IN THE CASE
[04] In this regard, the Court must consider the following question: Does the law allow
the defendant to have his sentence reduced to less than 10 years, for a felony punishable
by life imprisonment?

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