CASE Nº RPAA 0036/15 / CS
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with a child regardless of the form or means used”, and Article 191 of the same Law
states that “any person who commits child defilement shall be liable to life imprisonment
with special provisions”.
10. The High Court convicted HABIMANA Djumapili of child sexual abuse and
sentenced him to fifteen (15) years imprisonment, on the grounds that when
questioned by Village officials who found semen on the child's underwear, he
pleaded guilty to rape; that although he did not admit to having penetrated his
penis in the child’s vagina, he admitted to the Judicial Police and to the
Prosecution that he ejaculated on the girl, which coincides with the girl's statement
that he removed her underwear and tight short and inserted something in her
vagina, and that after he returned clothes to her she saw a lot of saliva like
substance.
11. Like the High Court, this Court also finds that evidence from the Prosecution
shows that the child NTAWIHA Djanath had been raped because in her statement
to the Judicial Police she explained that she went to HABIMANA Djumapili's
house looking for other children who usually played games with her; she found
him wrapping his clothes, and he immediately took off her tight short and
underwear, and covered her mouth to stop her from crying for help; he then took
off his pants and inserted his penis in her vagina, telling her not to reveal it; she
suffered but could not tell her mother for fear of punishment. The child's mother
also states that she saw the semen on the child's abdomen and was told by the girl
that HABIMANA Djumapili ejaculated on her; she also showed it to people
including INGABIRE Saouda and HABIMANA Djumapili's father, Mr. KANUBI
Yussuf. The report of the scientist Jean Pierre SAMVURA of Kigali Forensic
Laboratory also said that the liquid on the child's clothes contained sperm.
HABIMANA Djumapili also pleaded guilty to the charges and said he acted under
the influence of alcohol, but he pleaded not guilty during the trial.
12. Pursuant to Articles 190 and 191 of the Organic Law n ° 01/2012 / OL of
02/05/2012 mentioned above and all the evidence contained in the file, the Court
finds that HABIMANA Djumapili perpetrated child sexual abuse rather than
indecent assault. Thus, his appeal is unfounded.
b. Whether HABIMANA Djumapili could have his sentence reduced again
13. HABIMANA Djumapili submits that he pleaded guilty and apologized, but did
not get a reduced, and he continues apologizing and asking for a reduction of the
sentenced applied by the High Court.