An HIV positive man, who allegedly raped his minor step daughter infecting her with the life threatening disease, has been put on trial by a Delhi court on attempt to murder charges, besides that of raping her.
Additional Sessions Judge (ASJ) Kamini Lau framed charges of rape and attempt to murder against the accused step father saying he had 'intentionally' transmitted the deadly disease knowing fully well that it is likely to cause death of his 15-year-old daughter.
Lamenting the lack of a special legislation to deal with such situations, the court said such accused are liable to be prosecuted for the offence of attempt to murder and also charged him with causing miscarriage of his step daughter by giving her medicines.
"Unfortunately, there being no special legislation to deal with such situation of accused transmitting life threatening decease to another person intentionally with 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 IPC," it said.
The accused has been charged under sections 376 (rape), 307 (attempt to murder) and 313 (causing miscarriage without woman's consent) of the IPC.
While framing the charges, the court also referred to the medical report of the accused which said he is a known HIV +ve case and at present his condition is satisfactory and stable. Besides the step-father, the court also framed charges of rape against co-accused and victim's boyfriend Ashutosh Maurya saying he too raped the girl at her house in Shalimar Bagh village here between April 2011 to August 2011.
The court framed charges under section 313 of the IPC against the step-father saying that on August 5 morning last year, he gave five tablets to his minor daughter, leading to her miscarriage.
While framing the charge of attempt to murder against the HIV infected man, the court observed that he was aware that his act might cause death to her.
"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 disease i.e. 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," it said.
The court has slated the case for July 16 for recording of evidence of prosecution witnesses.