RPA 00285/16/HC/KIG Page |1 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? 1|Page