RPA 00289/2016/HC/KIG

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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.

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