CASE RPA 00002/2017 / HC / NYZ

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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.

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