CASE RPA 0591/15 / HC / KIG Page |2 5. BAPFAKURERA Samuel appealed with the purpose of proving that he was convicted of a crime he did not commit, criticizing the evidence relied on in the first instance, arguing that it did not prove the truth, and that his defense was ignored; 6. The Prosecution submits that the ground of appeal is unfounded, that he admitted to spending night with the girl in the house, and the doctor confirms 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 of the judgment under appeal; 7. In the first instance, the evidence relied on to convict BAPFAKURERA Samuel of raping a 12-year-old girl named TUYISENGE consist of TUYISENGE's own statement that BAPFAKURERA Samuel raped her, the statement of BAPFAKURERA Samuel admitting to spending night with TUYISENGE in the same house, the statement of a child named TWAGIRIMANA who testified that he found BAPFAKURERA Samuel sleeping with TUYISENGE, and that next to the place where they were sleeping there was a semen, testimonies from the witnesses interviewed, namely NIYIBIBA, BAZI and HABYARIMANA, who confirmed that BAPFAKURERA and Samuel BAPFAKURERA spent night in the same house. The Gicumbi High Court confronted these statements, corroborated them with the fact that semen was found in the place where they slept, and concluded that the rape of TUYISENGE had taken place, and that it had been committed by BAPFAKURERA Samuel who was with her; (b) The Court's analysis 8. The High Court notes that Article 119 of Law No. 15/2004 of 12/6/2004 Relating to Evidence and its Production, on which the Gicumbi High Court based its decision, provides that in criminal cases, the evidence is based on all circumstances, and on law, the parties having been given the opportunity to be present and cross examine each other; 9. The Court observes, however, that the analysis of the facts presented in this case, as evidenced by the Prosecution's submissions, shows that TWAGIRIMANA, the father of TUYISENGE, filed the complaint explaining how he found BAPFAKURERA sleeping with TUYISENGE, and also raping her, because apart from sleeping together, he saw semen in the place where they slept, and as to whether TUYISENGE was raped by BAPFAKURERA Samuel, TUYISENGE confirmed it saying that BAPFAKURERA Samuel and NSABIMANA Theoneste successfully seduced her using a phone with the intention of raping her, that BAPFAKURERA Samuel had sex with in the night, but BAPFAKURERA Samuel only admits to sleeping in the same house but denies having sex with her, but that TUYISENGE had spent the night in that house when she came asking for accommodation, fearing that her parents would beat her because they had seen her with a phone; 2|Page