RPAA 0029/14/CS Page |1 THE SUPREME COURT, HOLDS A PUBLIC HEARING ON CRIMINAL CASE Nº RPAA 0029/14 / CS ON 29/09/2017, AND DECIDES AS FOLLOWS: PARTIES: PUBLIC PROSECUTION Versus NGENDAHIMANA Jean Bosco, son of Rwandagara Charles and Nyamvura Thérèse, born in 1990, in Kinyana Village, Nyagisozi Cell, Kageyo Sector, Gatsibo District, Eastern Province (appellant). OFFENCE Child defilement provided for and punishable by Article 191 of Organic Law n ° 01/2012/OL of 02/05/2012 establishing the Penal Code. I. FACTS AND PROCEDURE 1. The case began in the Ngoma High Court, where the Public Prosecution prosecuted NGENDAHIMANA Jean Bosco for sexually abusing a 17-year-old girl named DUSHIMIMANA Ruth on 18/06/2013, when she was fetching wood in the forest with her friends; the latter ran away for fear. In case no. RP 0602/13 / TGI/Ngoma, adjudicated by the Ngoma High Court on 28/11/2013, NGENDAHIMANA Jean Bosco pleaded not guilty to the crime of child defilement, but the Court convicted him, and sentenced him to life imprisonment mainly on the grounds of his plea of guilty to the Judicial Police, where he explained how he raped her, the statement from the child who was raped, that of her mother and that of witness NYIRANDIKUBWIMANA Violette. 2. Dissatisfied with the outcome of the case, NGENDAHIMANA Jean Bosco appealed to the High Court, Rwamagana Chamber, stating that there was no evidence the Court relied on to convict him. The appellate chamber, in its judgment RPA 0080/14 / HC / RWG issued on 22/05/2014, ruled that the appellant’s allegations that his plea of guilty was made under beatings was unsubstantiated, and that the lack of a medical report does not invalidate other evidence, and thus upheld the first judgment as the appellant was unable to refute the evidence relied upon by the Court of First Instance.