CASE RPA 0224/11 / HC / MUS Page |3 [6] The High Court therefore finds that Ukundimana Régine’s description on how Uwineza Florence got a domestic job, went to take her clothes where she had left them and when she left, is consistent with this girl’s explanation of why she returned late, when she left and how she met Gashugi Christian, which is similar to statements of Ndayambaje Antoine nicknamed Gasaza and Iyamuremye Aminadab explaining how they saw Gashugi Christian and Uwineza Florence and that the girl was unfamiliar with them, that she accused Gashugi Christian of raping her while he was not known to her. This discards the unproven dispute that Gashugi Christian alleges in the trial, and buttresses the suspicion that Gashugi Christian raped Uwineza Florence before she was rescued by patrollers. [7] In the second ground of the appeal, Gashugi Christian argues that had the court considered the medical report on the alleged rape of the girl it would not have decided to remand him in custody. His counsel Nsengiyumva Straton explains that the report shows that Uwineza Florence was not raped and requests the court to rely on this evidence and the fact that Gashugi Christian has a residential address to order his provisional release in accordance with the first paragraph of Article 87 of Law n ° 13/2004 of 17 / 05/2004 on Criminal Procedure Code as amended and supplemented by Law n ° 20/2006 of 22/04/2006 which provides that a suspect is entitled to be free during the time of investigation. With respect of the medical report on the rape of Florence Uwineza, the prosecution's representative said that the fact that the report says that the girl is virgin does not mean that she had not been raped, and submits that the report should be considered alongside other evidence. [8] The court finds that the medical report shows that nothing unusual about the girl indicates that she had sexual intercourse. But this does not rule out the above reasons leading to suspect that Gashugi Christian took Florence Uwineza where he had planned to rape her and tried to rape her but was stopped by those on patrol who were alerted by the girl’s cry. It is the ongoing investigation by the prosecution which will prove whether the conduct of Gashugi Christian amounts to the offence of rape against the girl. [9] Although there are grounds to suspect that Gashugi Christian was involved in the alleged conduct, nothing hinders Gashugi Christian's provisional release, especially considering the conduct of the crime as explained by the current status of the investigation. The court finds that Gashugi Christian's provisional release will not hinder the investigation if the conditions of his release are defined in accordance with the provisions of the second paragraph of Article 102 of Law n ° 13/2004 of 17/05/2004 on