PROS V NTAWICUMURAME_120601_en

PROS V NTAWICUMURAME_120601_en

The prosecution failed to refute the defence and demonstrate where the accused could have met the child or confirm that the evidence in the medical report was attributable to the accused. All evidence submitted created doubt, and as such, the benefit of doubt must be given to the accused, leading to acquittal.

Citation
RPAA0149/10/CS
Parties
Applicant: Prosecutor; Respondent: Ntawicumurame Faustin
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 March 2014
Case Number
RPAA0149/10/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; acquittal entered; prior conviction overturned; immediate release ordered; court fees to be paid by public treasury.
Legal Topics
Child Defilement, Standard of Proof, Benefit of Doubt, Evidence Assessment
Source Language
en
Criminal Law Child Defilement Standard of Proof Benefit of Doubt Evidence Assessment

Case Brief

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Parties

Prosecutor

Applicant

Ntawicumurame Faustin

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the evidence incriminates Ntawicumurame Faustin beyond reasonable doubt

Ratio Decidendi

The prosecution failed to refute the defence and demonstrate where the accused could have met the child or confirm that the evidence in the medical report was attributable to the accused. All evidence submitted created doubt, and as such, the benefit of doubt must be given to the accused, leading to acquittal.

Court Disposition

Appeal allowed; acquittal entered; prior conviction overturned; immediate release ordered; court fees to be paid by public treasury.

Orders

  • Ntawicumurame Faustin’s appeal has merit.
  • Ntawicumurame Faustin is acquitted because of doubt.