Under the terms of article 170 of the Penal Code Book II, as modified and completed on this
day, commits rape, whether with resort to violence or grave threat, whether by direct
constraint or wit the help of a third party, by surprise, psychological pressure, whether under a
coercive environment, by abusing a person due to illness, alteration, loss or deprivation of
consciousness by any device:
Any man, regardless of his age, that introduces his sexual organ, even superficially, in a
woman's organ, or any woman of whatever age that forces a man to introduce, even
superficially, his organ in hers.. Whoever is found guilty of rape shall be punished with a
sentence of 5 to 20 years of imprisonment and a fine that cannot be under the amount of
100.000 constant Congolese Francs; It is designated rape with resort to violence the simple
fact of carnal intercourse committed unto persons designated by article 162 paragraph 2;
Article 162 paragraph 2 of the Penal Code Book II states that all indecent exposure
committed without violence, trickery or threats unto a person of a child under 18 years of age
shall be punishable with 6 months to 5 years of imprisonment, the age of the child can be
determined by a medical exam, when the civil record is not existent; It follows from the
reading of the previous judgement that the 1st judge, without any motivation, sentenced the
accused BANGALA Guélor to a prison sentence and to a fine, his work shall be nullified due
to lack of motivation and the Court shall know the full grounds according to article 107 of the
Penal Code; the material act of rape is characterized by the introduction of the man's sexual
organ, even superficially, in that of the woman;
In the present case, the Court finds that the statements made by the two young girls are not
supported by any evidence, namely the medical report; The Court underlines that the simple
fact that,on the 12th November 2007, the two girls stayed at the accused's home until a late
hour does not sufficiently establish under the law that he had sexual intercourse with Miss
NAOMIE MASOMBE; The Court, as the Prosecution mentioned in its requisition, finds that
there remains doubt even about the existence of the crime of rape with resort to violence
being awarded to the above mentioned accused; Thus, the Court shall acquit him due to
reasonable doubt and shall place the costs of the proceedings under the responsibility of the
Treasury;
THEREFORE;
The Court, judiciary section;
Ruling after hearing both parties regarding the accused BANGALA Guélor;
Having heard the Prosecution in its arguments;
Nullifies the previous judgement in all its provisions;
Ruling again and doing what the 1st Judge should have done;
Declares the crime of rape with resort to violence awarded to the accused BANGALA not
established and acquits him on the grounds of reasonable doubt; Places the costs of the
proceedings under the responsibility of the accused BANGALA Guélor and acquits him;
Places the costs of the proceedings under the responsibility of the Treasury at the rate of one
thousand Congolese Francs;