CASE RP.0385 / 10 / HC / RWG
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cousins, that BIZABARIMANA immediately grabbed her and raped her; he apologizes
for it and admits that he was caught in the act, and demanded that the court reduce his
sentence because it was his first time committing a crime and he continued to apologize.
4. The Prosecution argues that BIZABARIMANA Emmanuel’s plea of guilty should not
be accepted because he defended himself pleading not guilty while he was caught in the
act of sexually assaulting NTABANGANYIMAN; that those who rescued the girl heard
her cry and caught him lying on the girl; that his confession is not sincere, but he is
motivated by the desire to have a reduced sentence, and requests that his request for a
reduction of sentence not granted as law does not compel a judge to reduce a sentence
whenever there is a guilty plea.
5. Article 110 of Law n ° 15/2004 of 12/06/2004 on Evidence in Trial and its Production
provides that the confession made in court have the effect of proof against the confessing
party. The confession made by BIZABARIMANA Emmanuel before the court of appeal
explaining how he raped NTABANGANYIMANA Béatrice and was caught in the act is
evidence of his guilt. His guilt is supported by evidence filed by the prosecution in the
Nyagatare High Court, which was the basis on which the court had convicted him of
sexually abusing a child under the age of eighteen, and punished him for the offense
provided for in Article 34 of Law n ° 27 / 2001 of 28/04/2001 Relating to Rights and
Protection of the Child Against Violence, which 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”.
6. Article 35 of Law no 13/2004 of 17/05/2004 relating to Criminal Procedure Code as
amended and supplemented to date provides that when a suspect pleads unquestionably
guilty, the judge may reduce his sentence to half of the sentence applicable to the
prosecuted offense. The court notes that BIZABARIMANA Emmanuel pleaded guilty to
the crime of sexually assaulting an under eighteen-year-old girl named
NTABANGANYIMANA Béatrice, and explained how he had committed the crime,
which justify a reduced sentence as provided for in this law, because even if he had not
pleaded guilty in the first instance at Nyagatare High Court, on appeal he has
unequivocally pleaded guilty, and the provision in the aforesaid law does not stipulate a
period within which a plea of guilty has to be made, nor does it bar the court to accept it
at the appellate level. Therefore, because BIZABARIMANA Emmanuel explains how he
committed the offence, apologizes for it saying he would no longer fall into the crime, a
reduction of his sentence, and be sentenced to half of the sentence of imprisonment which
had been imposed by the trial court is granted as provided for in the aforementioned law.
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