In the present case, the appellant forced sexual intercourse by introducing his sexual organ in the vagina of the 11-year old victim; For the Court, the subsequent withdrawal of the confession in front of the Prosecution corresponds to a simple means of defense for the accused appellant; In effect, it had been decided that the repeated confessions to the Prosecution and the public, only in appeal could conquer the belief of the Court, especially since the recanting was tardy and fanciful ( Kis, 13th August 1970, in RJC, 1970, p.282); The crime of rape of children is thus established and the work of the 1st judge will be confirmed in all its dispositions, except where it concerns the penal sentence which the Court sets at 5 years given the age of the accused; THEREFORE: The Court, judiciary section; Adjudicating after the public and due hearing of both parties in the matter of the appellant MFUTILA NTALU Valeur; Having heard the Prosecution Declares Mr. MFUTILA NTALU's appeal admissible but partially founded; As such, it confirms the given sentence in all its dispositions except where it concerns the length of the sentence of imprisonment; Amending it, the Court sentences the accused above mentioned to five years of imprisonment; It sentences him additionally to half of the legal fees or to 10 days of imprisonment in case of lack of payment within the legal time frame; Thus deliberated and pronounced by the Appeals Court of Kinshasa/Gambe, in its public hearing of the 12th December 2013, which was chaired by the Magistrates Gaston DJONGESONGO OHUMAHUMA, President of the chamber, MAWANGA MUTUNDU and KIBWE MUTER, Advisors, in the presence of Mr. LUMANDE, Official of the Prosecution and with the help of Mr. MBALA, Clerk of the Court. The Clerk The Advisors The President