CASE Nº RPAA 0036/15 / CS

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THE SUPREME COURT HEARING PUBLICLY CRIMINAL CASES ON 21/07/2017
DECIDES ON CASE Nº RPAA 0036/15 / CS AS FOLLOWS:
PARTIES:
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PUBLIC PROSECUTION
Versus

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HABIMANA Djumapili, son of KANUBI Yussuf and MUKAGASANA Odette,
born in 1983, in Biryogo Village, Biryogo Cell, Nyarugenge Sector, Nyarugenge
District, Kigali City (appellant).

OFFENCE
Child defilement provided for and punishable by Articles 190 and 191 of Organic Law n
° 01/2012/OL of 02/05/2012 establishing the Penal Code
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I.

FACTS AND PROCEDURE
1. The case began in the Nyarugenge High Court, with the Prosecution prosecuting
HABIMANA Djumapili for sexually abusing an eight-year-old (8) year girl
NTAWIHA Djanath on 29/09/2013, when he found the girl in his room. When her
step-mother returned home, she saw the sperm on the girl’s underwear. In
Judgment no. RP 0580/13 / TGI / NYGE rendered by the Nyarugenge High Court
on 17/10/2013, HABIMANA Djumapili was convicted of child sexual abuse and
sentenced to fifteen (15) years imprisonment. The Court reduced his sentence
because it was the first time he has committed a crime.

2. HABIMANA Djumapili appealed to the High Court, alleging that he had never
raped the girl, that his stepmother lied about it as she previously falsely accused
him of drug consumption, that the Court tried him in absentia after he informed
the Court that he was sick, that he received notification of the date of the trial a
few days prior to the hearing, and that he needed a lawyer, which the Court
considered to be delaying tricks. On 09/05/2014, the Court confirmed the
judgment appealed against.

3. HABIMANA Djumapili appealed to the Supreme Court, arguing that the High
Court tried him in absentia after he informed the Court that he was sick and that
he needed a lawyer. He adds that he pleads guilty and apologizes for the crime
and requests for a reduced sentence. But at the time of the trial he pleaded not
guilty to child sexual abuse. He only admits and apologizes for indecent assault.

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