CASE Nº RPAA 0036/15 / CS Page |3 with a child regardless of the form or means used”, and Article 191 of the same Law states that “any person who commits child defilement shall be liable to life imprisonment with special provisions”. 10. The High Court convicted HABIMANA Djumapili of child sexual abuse and sentenced him to fifteen (15) years imprisonment, on the grounds that when questioned by Village officials who found semen on the child's underwear, he pleaded guilty to rape; that although he did not admit to having penetrated his penis in the child’s vagina, he admitted to the Judicial Police and to the Prosecution that he ejaculated on the girl, which coincides with the girl's statement that he removed her underwear and tight short and inserted something in her vagina, and that after he returned clothes to her she saw a lot of saliva like substance. 11. Like the High Court, this Court also finds that evidence from the Prosecution shows that the child NTAWIHA Djanath had been raped because in her statement to the Judicial Police she explained that she went to HABIMANA Djumapili's house looking for other children who usually played games with her; she found him wrapping his clothes, and he immediately took off her tight short and underwear, and covered her mouth to stop her from crying for help; he then took off his pants and inserted his penis in her vagina, telling her not to reveal it; she suffered but could not tell her mother for fear of punishment. The child's mother also states that she saw the semen on the child's abdomen and was told by the girl that HABIMANA Djumapili ejaculated on her; she also showed it to people including INGABIRE Saouda and HABIMANA Djumapili's father, Mr. KANUBI Yussuf. The report of the scientist Jean Pierre SAMVURA of Kigali Forensic Laboratory also said that the liquid on the child's clothes contained sperm. HABIMANA Djumapili also pleaded guilty to the charges and said he acted under the influence of alcohol, but he pleaded not guilty during the trial. 12. Pursuant to Articles 190 and 191 of the Organic Law n ° 01/2012 / OL of 02/05/2012 mentioned above and all the evidence contained in the file, the Court finds that HABIMANA Djumapili perpetrated child sexual abuse rather than indecent assault. Thus, his appeal is unfounded. b. Whether HABIMANA Djumapili could have his sentence reduced again 13. HABIMANA Djumapili submits that he pleaded guilty and apologized, but did not get a reduced, and he continues apologizing and asking for a reduction of the sentenced applied by the High Court.

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