CASE N ° RPA 00155/08 / CS

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THE SUPREME COURT SITTING IN KIGALI, HEARING CRIMINAL CASES IN
PUBLIC ON 04/03/2011, DECIDES ON CASE N ° RPA 00155/08 / CS AS FOLLOWS:

PARTIES
PROSECUTION
Versus
Ndagijimana Emmanuel, son of Bariyanga and Nzabandora, a resident of Vunga, Kora,
Mutura, Rubavu District, Western Province, detained in Ruhengeri Prison.

OFFENCE
Raping a girl under 14 years (she was 7 years) in Cell No. 6, Kora Sector, Mutura District,
Gisenyi Province at the time, on the evening of 01/11/2005 around 6:30 pm, an offense
provided for and punishable by Article 34 of Law nº 27/2001 of 28/04/2001 Relating to
Rights and Protection of the Child Against Violence.

I. The summary of the case
1. On 01/11/2005, a 7-year-old girl named Uwineza left her home at 6:30 pm and her
mother gave her a sheep to take to her grandmother's house. On her way, she met
Ndagijimana Emmanuel nicknamed Gasore, a 20-year-old man, monitoring
farming fields. He grabbed her and took her to his shelter from which he monitors
the fields and raped her. After the rape, he escorted her home. Mukamusoni Olive
and Nyiransabimana Consolée saw Gasore and Uwineza in the shelter, tried to
help her, but Ndagijimana threw stones at them and compelled them to retreat.
2. A medical report dated 04/11/2005 shows unquestionably that the child had been
raped.
3. In the judgment RP 0434/06/TGI/RBV passed on 06/11/2003 by the Rubavu
High Court, where Ndagijimana was pleading not guilty, the court convicted him
with rape and sentenced him to 25 years imprisonment and a fine of one hundred
thousand (100,000) based on his confession during hearing on the legality of his
detention that he met the girl that evening, the statements of Nyiransabimana
Consolée and Nyiramigisha Béatrice confirming that they saw Ndagijimana
getting out of the shelter with the girl, which Ndagijimana did not dispute, and a
medical certificate confirming that the child had been raped, and no one else was

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