HIV-positive rapist faces trial for attempt to murder

New Delhi : There is no special law to deal with the accused who knowingly transmit life threatening infection to another person, a Delhi court said while charging an HIV positive man who raped his minor step-daughter with attempt to murder.

Additional Sessions Judge Kamini Lau said that the accused 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.

Judge Lau framed charges for the offence of rape, attempt to murder and inducing miscarriage without woman's consent against the accused whose trial will begin on 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.

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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 charged the victim's friend Ashutosh Maurya with rape charging him of raping the girl  at her house in north Delhi's Shalimar Bagh village between April-August 2011.

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