UBUSHINJACYAHA v. BAKUNDUKIZE

UBUSHINJACYAHA v. BAKUNDUKIZE

The Court of Appeal found that the complainant was not a minor at the time of the alleged offence, as her birth certificate showed she was over 18. The evidence presented by the prosecution was insufficient to prove beyond reasonable doubt that Bakundukize Jacques committed rape, as there were inconsistencies in testimonies and no corroborating medical evidence. Therefore, the conviction was quashed and the defendant acquitted.

Citation
RPAA01330/2024/CA
Parties
Prosecution: Ubushinjacyaha; Defendant: Bakundukize Jacques
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
24 October 2025
Case Number
RPAA01330/2024/CA
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; conviction quashed; defendant acquitted and released immediately.
Legal Topics
Change of Charge, Sexual Offences, Standard of Proof, Appeal Procedure
Source Language
rw
Criminal Law Change of Charge Sexual Offences Standard of Proof Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Bakundukize Jacques

Defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the complainant was a minor at the time of the alleged offence
  2. 2 Whether the acts constituted the offence of rape (gukoresha undi imibonano mpuzabitsina ku gahato)

Ratio Decidendi

The Court of Appeal found that the complainant was not a minor at the time of the alleged offence, as her birth certificate showed she was over 18. The evidence presented by the prosecution was insufficient to prove beyond reasonable doubt that Bakundukize Jacques committed rape, as there were inconsistencies in testimonies and no corroborating medical evidence. Therefore, the conviction was quashed and the defendant acquitted.

Court Disposition

Appeal allowed; conviction quashed; defendant acquitted and released immediately.

Orders

  • The judgment of the High Court in RPA00169/2021/HC/KIG is set aside in all its parts.
  • Bakundukize Jacques is acquitted of all charges and shall be released immediately upon pronouncement of this judgment.