RPA 0257/10/HC/RWG Page |1 THE RWAMAGANA HIGH COURT, AT ITS HEADQUARTERS IN RWAMAGANA HEARING PUBLICLY CRIMINAL CASES ON 21/10/2011, DECIDES ON CASE RPA 0257/10 / HC / RWG ON APPEAL AS FOLLOWS: PARTIES: Public Prosecution APPELLANT: NTAGUNGIRA Dismas, son of THARASIS Fred and KANTENGWA, born in 1979, resident in Karambi Cell, Ndego Sector, Kayonza District, Eastern Province OFFENCE: Defiling a child of less than 18 years, an offence provided for and punishable by Articles 33 and 34 of Law no 27/2001 of 28/04/2001 Relating to Rights and Protection of the Child Against Violence I. FACTS AND PROCEDURE 1. On 31/08/2010 the Ngoma High Court sentenced NTAGUNGIRA Dismas to twelve years’ imprisonment and a fine of one hundred thousand francs for the abovementioned offense. Dissatisfied with the sentence, he appealed stating that he now pleads guilty and apologizes. 2. The issue to be considered in this case is whether NTAGUNGIRA Dismas' guilty plea is founded. II. ANALYSIS OF THE ISSUE Whether NTAGUNGIRA Dismas' guilty plea is founded 3 In his appeal, NTAGUNGIRA Dismas submitted that he had previously pleaded not guilty, that now confesses his crime, he asks for a reduced sentence because he has a stomach ache. He adds that he had gone to deliver milk, asked a girl named Edita to come and see him where he rears cows, and she came with two other girls, they left them there and went a short distance and had sex. 4 The Prosecution Attorney PN BUNYOYE Grace states that NTAGUNGIRA is right to say that he had previously pleaded not guilty but he is pleading guilty. She adds that defiling a twelve-year-old girl is an egregious felony because the girl could not consent 1|Page