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The Court of Appeal upheld Niyomugabo Emmanuel’s conviction for defilement of a minor, holding that an unsigned investigation statement could still be relied on when the omission was explained.
The Supreme Court held that hearsay evidence from MUHAWENIMANA Sabine was inadmissible as it was not based on her direct knowledge but on information from the accused. The Court found that NTAGANIRA Samuel provided material assistance by locking the victim and principal offender together, thereby facilitating the commission of the crime. The revision application was dismissed, and the conviction and sentence imposed by the High Court were upheld.
Source excerpt
The conviction was based primarily on the testimony of the victim and hearsay evidence from others who did not witness the alleged offence. The medical report did not conclusively establish the accused's guilt, as it did not specify when or how the injury occurred, nor did it link the accused to the injury through forensic evidence. The failure to hear other potential witnesses who could clarify the circumstances further undermined the reliability of the prosecution's case. Given the reasonable doubt arising from the evidence, the accused is entitled to acquittal.
Source excerpt
The High Court dismissed both appeals, holding that the prosecution’s appeal was not inadmissible for lack of submissions and that the evidence supported the conviction.
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