RPA 00289/2016/HC/KIG Page |1 THE HIGH COURT, AT ITS HEADQUARTERS, HEARING CRIMINAL CASES ON APPEAL, DICIDES ON 29/6/2016 AS FOLLOWS: PARTIES: PROSECUTION Versus DEFENDANT (APPELLANT): MIGAMBI Joseph, son of NTEZIRIZAZA and KANANI, born in 1995, living in Kamukina Cell-Kimihurura Sector, Gasabo DistrictKigali City. OFFENCE: Child defilement; SUBJECT: Appeal against the judgment of the Nyarugenge High Court in case RP 0097/15 / TGI / NYGE. I. FACTS AND PROCEDURE 1. The Prosecution submitted a case to the Nyarugenge High Court charging MIGAMBI Joseph of defiling a child, which, after examining the submissions of both parties, held that the prosecution's claim is well-founded, convicted MIGAMBI Joseph of the offence and sentenced him to twelve (12) years of imprisonment; 2. MIGAMBI Joseph was dissatisfied with the decision and appealed to the High Court, alleging that we was wrongly convicted on the grounds that the accusation relied on the girl’s mother statement contradicting the medical report because she said he raped the girl four times, while the medical report showed that she had been raped only once, claiming that he was being falsely accused because of a conflict he had with the child's mother, who used to live in their home and stole from it before walking away; 3. The Prosecution argues that this appeal is unfounded, stating that the first instance judgment relied on compelling evidence, and requests that the decision under appeal not be reversed; 4. The issue to be considered in this case relates to whether there were any defects in the evidence based on in the first instance, consisting of the testimony of MUKAMANA Alice, the medical report, and the results of the Court's investigation. 1|Page