HIV-positive rapist faces trial for attempt to murderJune 11th, 2012 - 11:30 pm ICT by IANS
New Delhi, June 11 (IANS) There is no special law to deal with accused who knowingly transmit life threatening infection to another person, a Delhi court said while charging with attempt to murder an HIV positive man who raped his minor step-daughter.
Additional Sessions Judge Kamini Lau said that the accused father had intentionally transmitted the deadly infection knowing fully well that it was likely to cause the death of his 15-year-old step-daughter.
“Unfortunately, there being no special legislation to deal with such situation of accused transmitting life threatening disease to another person intentionally with the knowledge that the same is likely to cause death of that other person, this court is of the opinion that under the given circumstances, such person is also liable to be charged for the offence under section 307 (attempt to murder) of the Indian Penal Code,” the court said in a recent order.
Lau framed charges for the offence of rape, attempt to murder and inducing miscarriage without woman’s consent against the accused whose trial would begin July 16.
The court charged him for the offence of causing miscarriage without a woman’s consent observing that he had given his step-daughter tablets leading to her miscarriage.
The court said: “It is evident that the accused himself is HIV positive and had committed rape upon his step-daughter, thereby, infecting her with the same life threatening HIV/AIDS deliberately with the intention or knowledge that under such circumstances, if by his act, the victim’s death is caused, he would be guilty of murder.”
The court also framed rape charge against the victim’s friend Ashutosh Maurya saying he too raped the girl at her house in north Delhi’s Shalimar Bagh village here between April-August 2011.
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Tags: ashutosh, circumstances, delhi court, hiv, hiv aids, hiv positive, indian penal code, intention, kamini, lau, legislation, life threatening disease, New Delhi, north delhi, offence, rape charge, rapist, sessions, shalimar bagh, step daughter