CASE RPA 0125/11 / HC / MUS

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THE MUSANZE HIGH COURT- SITTING IN MUSANZE AT ITS
HEADQUARTERS, HEARD THE CRIMINAL CASE RPA 0125/11 / HC / MUS ON
APPEAL, AND DECIDED ON 27/07/2011 AS FOLLOWS:

PARTIES
APPELLANT: Turikumwe Fabien, son of Barugorore Emmanuel and Nikuze Saverina,
born in Rwezamenyo village, Kabuguru cell, Nyakabanda sector, Nyarugenge District in
Kigali City in 1986, at the time of his arrest he was residing in Mataba village, Bugoyi cell,
Gisenyi Sector, a resident of Rubavu District in the Western Province, is a Rwandan and
has not been convicted by a court of law.
DEFENDANT: The prosecution is represented by Mukagashugi Agnès, a national
prosecutor.

SUBJECT: Appeal against the judgment No. RP 0368/010 / TGI / RBV passed on
31/03/2011 by the Rubavu High Court (raping of a 14-year-old girl named Mutimukeye
Asia nicknamed Nzere and getting her pregnant, a felony provided for and punishable
by Articles 1, 33 and 34 of Law nº 27/2001 of 28/04/2001 Relating to Rights and
Protection of the Child Against Violence).

II. FACTS AND PROCEDURE
[1] Turikumwe Fabien was arrested on suspicion of raping a 14-year-old girl named
Mutimukeye Asia nicknamed Nzere and getting her pregnant. The judicial police began
a preliminary investigation into the case and handed it over to the prosecution for further
investigation. The latter charged Turikumwe Fabien with the crime of rape of a girl aged
between 14 and 18-year-old girl named Mutimukeye Asia nicknamed Nzere.
[2] In the judgment RP 0368/010 / TGI / RBV issued on 31/03/2011, the Rubavu High
Court convicted Turikumwe Fabien of rape of a girl aged between 14 and 18-year-old
named Mutimukeye Asia nicknamed Nzere and sentenced him to five years in prison
and a fine of one hundred thousand francs (5 years of imprisonment and 100,000 Frw of
fine), and ordered him to pay 11,450 Frw of legal costs. Dissatisfied with the outcome of
the judgment, Turikumwe Fabien appealed to the Musanze High Court, and his appeal
was recorded under RPA 0125/11 / HC / MUS. In the course of the trial, two issues were
raised which the court proceeds to analyze, the first of which was to determine whether
the trial court ignored defense evidence contradicting the prosecution evidence and
ascertaining that at the time of the alleged rape Mutimukeye nicknamed alias Nzere was

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