In the case being examined, the accused NZALAKANDA, who is paid each month by the Congolese State, is responsible for teaching the students at the Lycée BOSANGANI. Since he committed this crime during the fulfillment of his functions, he shall be sentenced to pay to the plaintiff, in solidum with the Democratic Republic of the Congo, the damages and interests for the harm done; The Court finds that the amount requested, equivalent in Congolese Francs to 500.00 USD, is manifestly exaggerated. It is however clear that the plaintiff Marie KAJ has suffered harm, consequently the Court finds that the amount equivalent in Congolese Francs to 100.000 USD established ex aecquo et bono can constitute reparation for the harm suffered. The Court notes that the first Judges excluded the accused NZALAKANDA from the Lycée BOSANGANI following the events; it reminds that this is an administrative measure that can only be taken by the responsible parties at the Lycée BOSANGANI, For this reason it must eliminate this decision from the proceedings; THEREFORE The Court, judiciary section, Ruling after the public and due hearing of arguments regarding the accused NZALAKANDA and the plaintiff Marie KAJ and by default regarding the Democratic Republic of the Congo; Having heard the Prosecution; Receives the appeal of the accused NZALAKANDA and declares it unfounded; Receives the appeal of the Prosecution and declares it founded; Receives the appeal of the plaintiff Marie Kaj and declares it partially founded; Consequently, it confirms the previous judgement in that it has declared established both in fact and in law the offense of rape with resort to violence awarded to the accused NZALAKANDA Audrien; Consequently sentences the accused NZALAKANDA to 9 years of imprisonment and to paying a fine of 100.000 constant Congolese Francs within the legal deadline or face 15 days of detention; Ruling on the civil interests of Madame Marie KAJ, it sentences the accused NZALAKANDA to paying in solidum with the Democratic Republic of the Congo the equivalent in Congolese Francs to the amount of 100.000 American Dollars set ex aequo et bon in damages and interests for the harm done; Sentences the accused NZALAKANDA Audrien to paying the proceedings' fees within the legal deadline or face 8 days of detention; Thus gathered and pronounced by the Appeals Court of Kinshasa/Gombe, in its public hearing of the 15th March 2012, in which were seated the Magistrates BOKAMBADJA BAKOMBO, President of the Chamber, PENGA - PENGA BELESI and DJONGE SONGOOHUMAHUMA , Advisors, in the presense of the Prosecution represented by the Substitute of the District Attorney and with the assistance of BAKONGU, the Court's Clerk. The Clerk The Advisors The President