CASE N ° RPA 00155/08 / CS

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accused of raping her based on what the child told her mother who filed the
complaint.
4. In the judgment RPA 0016/08 / HC / MUSA passed on 25/11/2008 on the appeal
of Ndagijimana, the High Court, Musanze Chamber ruled confirmed the judgment
under appeal.
5. Ndagijimana appealed to the Supreme Court. After a preliminary examination,
the pre-trial the judge ruled that the appeal had been filed in accordance with the
procedure prescribed by law.
6. The case was heard on 07/02/2011, with Ndagijimana defending himself, while
the Prosecution was represented by Higaniro Hermogène. Ndagijimana explains
that he has dropped the grounds of his appeal and that his aim is to prove to the
court that he confesses his offence and asks for a reduction of his sentence. That
was the subject matter in this case which the court proceeds to analyze.
Whether Ndagijimana’s plea of guilt justifies a reduced sentence
7. Ndagijimana explains that he confesses the felony which he committed, that he
committed it while he was intoxicated after consuming drugs, that when he was
sexually assaulting Uwineza he expelled people trying to rescue her by throwing
stones at them, that he had been repeatedly accused of rape except that the
complaints were not filed in court. He commits to avoid repeating the same crime.
8. The Prosecution representative states that it is good that Ndagijimana is
determined to tell the truth despite with delay, that it shows that he has already
understood the gravity of the crime, that his confession should be a mitigating
circumstance, and requests to do so taking into consideration the girl’s age i.e.
below of 14 years and the effects on her. Regarding Ndagijimana's allegations that
he was intoxicated, the Prosecution submits that intoxication cannot be a
mitigating factor because he committed rape willingly, that the only valid
mitigating circumstance would be his plea of guilty.
9. Article 34 of Law No. 27/2001 of 2001 Relating to Rights and Protection of the
Child Against Violence provides that “Anybody who rapes a child who is below
fourteen years shall be sentenced to life imprisonment and be fined between 200
000 Frw and 500 000 Frw”.

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