UBUSHINJACYAHA vs BARIHAFI

UBUSHINJACYAHA vs BARIHAFI

The conviction of Barihafi Devis was based on evidence that did not meet the threshold of proof beyond reasonable doubt. The medical report did not conclusively establish sexual assault, and testimonial evidence was inconsistent and possibly obtained under duress. In the absence of corroborative evidence, and given the presumption of innocence, the accused must be acquitted.

Citation
RPAA00903/2024/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Barihafi Devis
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
29 May 2025
Case Number
RPAA00903/2024/CA
Procedural Posture
Criminal Appeal / Court of Appeal Final Judgment
Outcome
Appeal allowed; acquittal entered
Legal Topics
Standard of Proof, Sexual Offences Against Minors, Medical Evidence, Presumption of Innocence, Appeals Procedure
Source Language
rw
Criminal Law Evidence Law Standard of Proof Sexual Offences Against Minors Medical Evidence Presumption of Innocence Appeals Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Barihafi Devis

Appellant/accused

Procedural Posture

Criminal Appeal / Court of Appeal Final Judgment

Legal Issues

  1. 1 Whether the conviction of Barihafi Devis for defilement was based on evidence beyond reasonable doubt
  2. 2 Whether the lower courts erred by relying on questionable evidence and disregarding the defense's explanations

Ratio Decidendi

The conviction of Barihafi Devis was based on evidence that did not meet the threshold of proof beyond reasonable doubt. The medical report did not conclusively establish sexual assault, and testimonial evidence was inconsistent and possibly obtained under duress. In the absence of corroborative evidence, and given the presumption of innocence, the accused must be acquitted.

Court Disposition

Appeal allowed; acquittal entered

Orders

  • The judgment of the High Court (RPA00463/2021/HC/RWG) is overturned.
  • Barihafi Devis is acquitted of the charge of defilement and must be released immediately.