CASE RPA 00002/2017 / HC / NYZ Page |1 THE NYANZA HIGH COURT, HEARING CRIMINAL CASES ON APPEAL DECIDES ON CASE RPA 00002/2017 / HC / NYZ NOW ON 16/02/2017 AS FOLLOWS: PARTIES: APPELLANT: MBONYUMUKUNZI Jean Pierre, son of NGARAMBE and MUJAWIMANA, born in 1997, in Munini village, Mbuga Cell, Nyabinoni Sector, Muhanga District, Southern Province, where he lives, a Rwandan, a farmer, has no property and has not been convicted by a court of law. Versus THE PROSECUTION represented by UWIZEYE Jean Marie SUBJECT: Child defilement, an offense provided for and punishable by Articles 190 and 191 of Organic Law no.01 / 2012 of 02/5/2012 establishing the Penal Code. (Appeal against Judgment No. RP 00099/2016 / TGI / MHG) I. FACTS AND PROCEDURE 1. At various times, MBONYUMUKUNZI Jean Pierre had sexually abused the girl named MUKARUGENDO Marthe until she became pregnant, the baby was born and it turned out that the girl was underage because she was 17 years old and it was reported to the competent authorities who arrested him and handed him to the judicial police where he pleaded guilty. The investigation was conducted and handed over to the Prosecution where he also pleaded guilty, and it was filed before the Muhanga High Court. 2. During the trial in the first degree by the Muhanga High Court of RP 00099/2016 / TGI / MHG, MBONYUMUKUNZI Jean Pierre pleaded guilty and apologized stating that they had been dating for 2 years, having sex until the girl became pregnant. The prosecution requested a sentence of twenty years’ imprisonment but the court sentenced him on 5/1/2017 to ten years’ imprisonment. 3. The Court convicted MBONYUMUKUNZI Jean Pierre of the crime on the basis of evidence presented by the prosecution including his confession and apology and the statements of witnesses including MUSABYIMANA Delice and BAYIZERE Justin and the testimony of the raped girl. 1|Page