Judgement R.P.A. 2727. Prosecutor and P.C BISIMWA CHIZUNGU against the accused
ITONGWA KIBUKILA.
In his letter sent on the 19th October 2011, received on the 20th October 2011 at the registry of
the Court of Appeals of Bukavu, the accused ITANURA KIBUKILA appealed the judgement
R.P. 13257, rendered on the 29th September 2011 by the Court of First Instance of Bukavu,
deeming it ill-advised.
Under the terms of said ruling, the Court had established in fact and in law the offense of
Defilement (Rape) of children put under the care of the concerned accused, having sentenced
him to 7 years of prison and a fine of 5000.000 Congolese Francs to be paid within the legal
time frame, or instead to 30 days of imprisonment, having declared it justified and sentenced
the same accused to paying the team in the amount of 5.000 Congolese Francs for all the
damages suffered.
At the Public Hearing on the 19th March 2012 in which this case was appealed, argued and
taken into deliberation, the parties appeared not having agreed on a postponement, the
Prosecutor represented by Counselor MUSEMA whilst the accused appeared in person
assisted by his advisor Counselor PUTSHU Augustin, both of them lawyers at the Bukavu
Bar.
The procedure is thus admissible;
The accused's appeal, filed within the legal boundaries and time frame, will be admitted taking
into consideration that this case was deliberated by the first Judge on the 16 th August 2011
and his decision wasn't valid until the 29th September 2011, that is beyond the sentence’s
legal time frame;
The elements gathered from the files can thus be summarized as follows: During the month of
February 2011, Maman NSIMIRE finds that her daughter, BUSIME NYOTA, still a minor aged
17, exhibits such corpulence that her breasts and belly are swollen. The Doctor's diagnostic,
where she took her, indicates that the girl is 3 months pregnant; when asked about the fact,
Busime declares that the accused ITONGWA is responsible for this pregnancy, due to her
having had repeated sexual intercourse with him. When questioned, also in front of the first
Judge of appeal, the accused recognized having had carnal intercourse with the victim and
being responsible for her pregnancy.
He declares however that she is aged 22. These are offenses provided and punishable by
articles 170 and 171 of the Law # 09/001 of 10th January 2009 concerning the protection of
children.
Within his rights of appeal, the accused blames the 1st Judgefor having sentenced him without
proof and above all of having received the civil complaint from Bisimwa CHIZUNGU, who is
not BUSIME's biological father.