CASE RPA 0125/11 / HC / MUS Page |3 Law n ° 20/2006 of 22/04/2006, and Articles 2, 3 and 9 of Law nº 15/2004 of 12/06 / 2004 on Evidence in Trial and its Submission. [6] The Court also finds that assisting in the upbringing of a child born of rape is not a mitigating circumstance for Turikumwe Fabien, especially since he did not show evidence of help he sought to provide while in prison. He did not raise this argument before the first instance court and he cannot blame the judgment RP 0368/010 / TGI / RBV under appeal for not considering an argument which he did not raise. IV. COURT DECISION [7] Declares admissible the appeal of Turikumwe Fabien because it was filed at the time and in the manner prescribed by law, but upon examination it finds no merit in the ground on which it is based. [8] Declares and orders that the judgment RP 0368/010 / TGI / RBV passed by the Rubavu High Court on 31/03/2011 remains unchanged, except in respect of the legal costs to be paid. [9] Orders Turikumwe Fabien to pay fifteen thousand francs (15,500 Frw) in legal costs within one month following the date of the reading of the judgment and failing to do so, the State can forcibly take it from his property. The judgment is delivered and read in open court on 27/07/2011, by the Musanze High Court, sitting in Musanze, composed of Judge Bakuzakundi Athanase and the Registrar of the Court. JUDGE Signed Bakuzakundi Ath. REGISTRAR Signed Kanyoni Jacques