CASE RPA 0591/15 / HC / KIG

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THE HIGH COURT, AT ITS HEADQUARTERS, HEARING CRIMINAL CASES ON
APPEAL, DECIDES ON CASE RPA 0591/15 / HC / KIG ON 21/01/2016 AS FOLLOWS:

PARTIES:
APPELLANT: BAPFAKURERA Samuel, son of BIRUSHYA and NYIRABAGENZA,
born in 1982, resident of Karambo - Nyamiyaga, Gicumbi District, Northern Province,
Versus
DEFENDANT: PROSECUTION;

OFFENCE: Child defilement (Appeal against Case No. RP 0120/15 / TGI / Gic decided
by Gicumbi High Court)

I. FACTS AND PROCEDURE
1. The Prosecution seized to the Gicumbi High Court accusing BAPFAKURERA Samuel
of sexually abusing a twelve-year-old girl named Tuyisenge. After analyzing the
prosecution’s case, the Court convicted him of the crime and sentenced him to ten (10)
years’ imprisonment;
2. BAPFAKURERA Samuel was dissatisfied with the outcome of the case, and he
appealed to the High Court, stating that the Gicumbi High Court had sentenced him to
ten (10) years imprisonment after unfair trail, that the court did not pay attention to his
defense, and he challenges the evidence relied upon to convict him;
3. The Prosecution replied by arguing that BAPFAKURERA's allegations are unfounded,
saying that he admitted to spending night with the girl in the house, that a medical doctor
confirmed that the child was raped, that his allegations that the semen found on him was
a result of a dream are unfounded, and asks the court to uphold the conviction contained
in the judgment under appeal;
4. The issue to be considered in this case is whether there is a defect in the evidence relied
upon by the first instance court.

II. ANALYSIS OF THE ISSUE
a) With respect to the evidence relied upon in the first instance court

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