On his part, the accused asks the Court for his acquittal, claiming his innocence;
It follows from the criminal investigation that the two little girls Julie RAMAZANI and
FATOUMATA confirmed the facts held against the accused and the latter confessed before
the Prosecutor, recognizing having introduced his fingers only in FATOUMATA's vagina and
not Julie's, and having kissed the little girl DEBORA;
The exact location of the events, namely the room of GUELLOR, and the circumstances of
the facts in that he turned off the light while they all watched television, cannot leave any
doubt as to the possibility of the accused to commit the acts awarded to him, especially
because in his role of domestic worker, he could not sit in the same place as the children (
his employer's and the neighbor's) to watch television y turning off the light in the room; Also,
Mr. ILUNGA has two domestic workers and the victims only mentioned the accused,
excluding the other one from the events, which reveals their honesty;
The Court notes that the accused's denial serve the purpose of excusing him from the
accusations held against him; As was well demonstrated by the 1st Judge in the motivation of
his previous judgement that the Court underwrites and fully confirms in the present
judgement, it declares established both in fact and in law the crime of rape of children as
provided by article 170 of the law number 09/001 of the 10th January 2009, such as it is
awarded to the accused; Consequently, it confirms the work of the 1st Judge in all its
dispositions, placing the costs of the proceedings under the responsibility of the accused, to
be paid within the legal deadline or face 14 days of detention;
THEREFORE:
The Court, judicial section;
Ruling after a public and due hearing of the accused;
Having heard the Prosecution;
Receives the appeal of the accused KAMENGA MFUTILA but declares it unfounded;
Consequently, it confirms the previous judgement in all its dispositions;
Sentences him to paying the costs of the proceedings within the legal deadline of face 14
days of detention;
Thus gathered and pronounced by the Appeals Court of Kinshasa/Gombe, in its public
hearing of the 19th June 2013, in which were seated the Magistrats ILUNGA TSHAMAKEJI,
President, PENGA PENGA BELESI and DJONGOSONGO·OHUMAHUMA, Advisors, in the
presence of Mr. WAKUTEKA, Prosecutor and with the assistance of KANGETA, the Court's
Clerk.
The Clerk
The Advisors
The President