UBUSHINJACYAHA vs NSENGIYUMVA

UBUSHINJACYAHA vs NSENGIYUMVA

The Court found that the evidence relied upon in the previous convictions, including witness testimonies and the medical report, was inconsistent and insufficient to prove guilt beyond reasonable doubt. The medical report did not show recent defilement, and the testimonies contained contradictions. Therefore, the benefit of the doubt must be given to the accused, and he cannot be convicted on the basis of suspicion.

Citation
RPAA 00389/2023/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Nsengiyumva Sam
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
29 May 2025
Case Number
RPAA 00389/2023/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment (court of Appeal)
Outcome
Appeal allowed; conviction quashed; accused acquitted and released.
Legal Topics
Standard of Proof, Sexual Offences Against Minors, Assessment of Evidence, Presumption of Innocence, Appeals
Source Language
rw
Criminal Law Criminal Procedure Standard of Proof Sexual Offences Against Minors Assessment of Evidence Presumption of Innocence Appeals

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Parties

Ubushinjacyaha

Prosecution

Nsengiyumva Sam

Appellant/accused

Procedural Posture

Criminal Appeal / Final Appellate Judgment (court of Appeal)

Legal Issues

  1. 1 Whether Nsengiyumva was convicted without conclusive evidence linking him to the offence of defilement of a minor

Ratio Decidendi

The Court found that the evidence relied upon in the previous convictions, including witness testimonies and the medical report, was inconsistent and insufficient to prove guilt beyond reasonable doubt. The medical report did not show recent defilement, and the testimonies contained contradictions. Therefore, the benefit of the doubt must be given to the accused, and he cannot be convicted on the basis of suspicion.

Court Disposition

Appeal allowed; conviction quashed; accused acquitted and released.

Orders

  • The judgment of the High Court, RPA00781/2020/HC/RWG, is set aside.
  • Nsengiyumva Sam is acquitted of the offence of defilement and must be released.