CASE No RPAA0127 / 08 / CS Page |3 5. Tuyisenge Emmanuel was convicted based on Article 34 of Law No. 27/2001 of 2001 Relating to Rights and Protection of the Child Against Violence which provides that anybody who rapes a child who is below 14 years of age shall be sentenced to life imprisonment. The court found that there was a mitigating circumstance and reduced his sentence to 10 years instead of life imprisonment. The defendant alleges that the sentence was unlawful because he was sentenced as an 18-year-old person. 6. The birth certificate issued by the administrative official in Kanzenze Sector, Rubavu District on 14/08/2006 indicates that Tuyisenge Emmanuel was born on 18/12/1986. The crime of rape with Niyonsenga Mutoni took place on 18/01/2004, meaning that Tuyisenge Emmanuel was 17 years and one month. He reached 18 years on 18/12/2004. Article 77 of the Rwanda Penal Code stipulates that if the offender is over the age of fourteen but less than eighteen years at the time of the commission of an offence, if he/she would be subjected to death penalty or life imprisonment with special provisions, he/she shall be liable to a term of imprisonment of 10 years to 20 years. Tuyisenge Emmanuel was to be punished under this article, after which the Court could reduce his sentence based on mitigating circumstances rather than applying a sentence imposed on perpetrators of child rape who are 18 years and above. 7. The Supreme Court finds that Tuyisenge Emmanuel should have been sentenced to between 10 and 20 years. As indicated by the High Court, there are mitigating circumstances including the fact that this is the first time he has been prosecuted by a court, his young age, the fact that at the time of arrest he was still a student in need of further education, the Supreme Court finds that Tuyisenge Emmanuel should have his sentence reduced in accordance with Articles 82 and 83 of the Rwanda Penal Code. III. COURT DECISION 8. Declares that the appeal filed by Tuyisenge Emmanuel is admissible and partiallyfounded. 9. Holds that Tuyisenge Emmanuel had committed rape before the age of 18. 10. Holds that there are mitigating circumstance for the crime Tuyisenge Emmanuel is charged with. 11. Sentences him to 7 years in prison. 12. Orders the defendant to pay Mukeshimana Gentille 165.000Frws in accordance with the judgment under appeal