CASE N ° RPA 00155/08 / CS Page |1 THE SUPREME COURT SITTING IN KIGALI, HEARING CRIMINAL CASES IN PUBLIC ON 04/03/2011, DECIDES ON CASE N ° RPA 00155/08 / CS AS FOLLOWS: PARTIES PROSECUTION Versus Ndagijimana Emmanuel, son of Bariyanga and Nzabandora, a resident of Vunga, Kora, Mutura, Rubavu District, Western Province, detained in Ruhengeri Prison. OFFENCE Raping a girl under 14 years (she was 7 years) in Cell No. 6, Kora Sector, Mutura District, Gisenyi Province at the time, on the evening of 01/11/2005 around 6:30 pm, an offense provided for and punishable by Article 34 of Law nº 27/2001 of 28/04/2001 Relating to Rights and Protection of the Child Against Violence. I. The summary of the case 1. On 01/11/2005, a 7-year-old girl named Uwineza left her home at 6:30 pm and her mother gave her a sheep to take to her grandmother's house. On her way, she met Ndagijimana Emmanuel nicknamed Gasore, a 20-year-old man, monitoring farming fields. He grabbed her and took her to his shelter from which he monitors the fields and raped her. After the rape, he escorted her home. Mukamusoni Olive and Nyiransabimana Consolée saw Gasore and Uwineza in the shelter, tried to help her, but Ndagijimana threw stones at them and compelled them to retreat. 2. A medical report dated 04/11/2005 shows unquestionably that the child had been raped. 3. In the judgment RP 0434/06/TGI/RBV passed on 06/11/2003 by the Rubavu High Court, where Ndagijimana was pleading not guilty, the court convicted him with rape and sentenced him to 25 years imprisonment and a fine of one hundred thousand (100,000) based on his confession during hearing on the legality of his detention that he met the girl that evening, the statements of Nyiransabimana Consolée and Nyiramigisha Béatrice confirming that they saw Ndagijimana getting out of the shelter with the girl, which Ndagijimana did not dispute, and a medical certificate confirming that the child had been raped, and no one else was