home, finds that the amount of 5.200 FC in ration is missing, as well as her aquarium. When informed in the morning, her husband NGALAMULUME takes her to the police where she files her complaints against the accused. It is noted that the latter denies the accusations. He declares having responded to the alarming cries for help of his sister-in-law, the actual victim. He states that the family dispute about their deceased father's house might be the cause of the present matter. Sentenced by the 1st judge, the accused formulated the present appeal. He reproaches the 1st judge of having sentenced him without evidence neither of the material act of rape nor of the material act of qualified theft. He asks the Court to declare that his responsibility for these crimes was not established and to acquit him or at least hold in his favor extenuating circumstances in order to maintain the unity of the family. In its requests, the Prosecution asked the Court to find that the accused's appeal is tardy and to confirm the work of the 1st judge. The Court notes that if there is doubt regarding the material act of qualified theft, that is not the case regarding the case of rape. In fact, the victim's statements are consistent given that it is the accused that she saw detaching himself from her, running, hiding behind the WC, return of his own accord and forcefully remove the clothes from her hands, black trousers and a white polo, colors recognized by the accused in any case. This is even more evident given that in matters of sexual violence, the theory of the victim as witness is at work because the circumstances in which rape is often committed do not leave witnesses besides the victim, who remains the person best suited to explain with the minimum detail what has happened to her. Such is the case here where everything happened at night, among the victim's in-laws. Thus, the Court will consider that by sentencing the accused for rape, the 1st judge has acted within the law. However, the Court will take into consideration the extenuating circumstances related to the personality of the accused, a first-time offender, father of a numerous family. After nullified the previous judgement in what concerns its finding of the accused guilty of the crime of qualified theft, the Court confirms the same judgement in what concerns the accused's guilt of the crime of rape, sentencing him recognizing the extenuating circumstances mentioned above. Regarding the increase of damages and interests claimed by the victim through the civil complaint, the Court finds that no new elements were produced to justify such claims. THEREFORE The Appeals Court, judiciary section, Adjudicating after the public and due hearing of both parties, having heard the Prosecution , receives the accused's appeal and finds it partially founded. Nullifies the previous judgement in what concerns the sentencing of the accused for the crime of qualified theft; Determines anew about what should have been done by the 1st judge, States that this crime was not established as being the responsibility of the accused: