To the Court, the victim MUTUTSHILA was clear and consistent in every stage of the investigation. She declared that the first incidents happened in 2008 while she was still in her 3rd primary year, the other incidents took place in the third primary year's classroom when she was in her fourth primary year; The Court finds that the accused NZALAKANDA did not mention the names of the people who might have manipulated the victim so as to extract revenge on him; neither did he mention why these people might have manipulated the victim so as to extract revenge on him; The Court finds that the medical report cannot be contested since it confirms the statements made by the victim at every stage of the investigation; It notes that the plaintiff's indifference towards the evolution of the victim's situation at the Lycée BOSANGANI does not exert any influence over the elements that make up the offense of rape with resort to violence; It adds that no evidence was presented according to which the victim MUTUTSHILA, who is a student in the fourth primary year, is over the age of 18; It finds that the elements in the file have clarified its religion, consequently, it is not necessary to listen to other witnesses; From the previous, the Court is of the opinion that there is no doubt that could benefit the accused NZALAKANDA Audrien. The latter denied the facts with the sole intent of escaping a conviction; In the terms of article 170 of the Penal Code Book II, as modified on this day, rape has been committed - whether with resort to serious violence or threat or by restraint of a person, directly or through a third party, whether by holding in one's grip, by psychological pressure, whether under a coercive environment; whether abusing someone that because of an illness, a change in his or her faculties or for any other accidental reason has lost consciousness or has been deprived of them by any tricks – by any man no matter his age that introduces his sexual organ, even superficially, in a woman's; Ultimately in this article, it is called rape with resort to violence the simple fact of carnal approximation of the sexes and committed upon people designated under article 167 paragraph 2, the people protected by the latter article are children under the age of 18; In the present case, the accused NZALAKANDA committed rape with resort to violence because he had sexual intercourse with the one called MUTUTSHILA, under the age of 18 at the time of the events. It is in conformity with the law the accusation of rape awarded to the accused NZALAKANDA; The Court shall confirm the previous judgement in this regard; Given that the Prosecution has appealed, the Court shall revise the imprisonment sentence adding 18 months because the facts committed by the accused NZALAKANDA are serious; Carrying the previous judgement, the Court shall sentence the accused to 9 years of imprisonment and to paying a fine of 100.000 constant Congolese Francs; The Prosecution's appeal shall thus be declared founded; In the terms of article 260 of the Civil Code Book III, one is responsible not only by the damages caused by one's own action, but also by those caused to people to whom one gives orders or to things placed under one's care. The masters are responsible for the damages caused by their employees if they are committed while fulfilling their function;