RPAA 0029/14/CS Page |2 3. NGENDAHIMANA Jean Bosco appealed to the Supreme Court alleging that the High Court and the Rwamagana Chamber did not allow him to explain how he had raped DUSHIMIMANA Ruth and pleaded guilty, and had not investigated the true age of DUSHIMIMANA Ruth who was raped, and that the sexual intercourse was consensual. But at the time of the trial he says he will drop those last two arguments. 4. In the public hearing on the case that took place on 10/07/2017, NGENDAHIMANA Jean Bosco was assisted by Barrister IYAKAREMYE Thérèse, while the Prosecution was represented by the General Prosecutor of the Republic NIYONKURU Françoise. II. THE ISSUE OF THE CASE AND ANALYSIS THEREOF Whether NGENDAHIMANA Jean Bosco could have his sentence reduced by the Rwamagana High Court 5. NGENDAHIMANA Jean Bosco argues that the Rwamagana High Court did not give him sufficient time to plead guilty and make request for pardon, that his appeal is meant to allow him accept the offence and request pardon for it, that his co-inmates initially pushed him to deny his crime on the ground that there was no medical report ascertaining rape; that he has already understood the gravity of the crime, which is why he is asking this Court to apply a lighter punishment and reduce his heavy sentence of life imprisonment. 6. As to the commission of the crime, NGENDAHIMANA Jean Bosco explains that, on 18/06/2013, he left his home where he was working and went down to the farm, where he met DUSHIMIMANA Ruth with the other children fetching firewood; these other children ran away but Ruth stayed. He then grabbed her and had sex with her without her consent, he apologizes for the rape, and adds that his years in prison had caused him to repent enough that if he was forgiven he would never do it again. 7. Counsel for NGENDAHIMANA Jean Bosco, Barrister IYAKAREMYE Thérèse, added that her client pleads guilty, and asks the court to apply the provisions of Articles 76 and 78, 1º of Organic Law n ° 01/2012 / OL of 02/05 / 2012 establishing the Penal Code, and Article 35 of the Code of Criminal Procedure, and commutes his sentence to ten (10) years. 8. The Prosecution's Representative states that if NGENDAHIMANA Jean Bosco now pleads guilty, the court shall consider it and reduce his sentence to ten (10)

Sélectionner le paragraphe cible3