25-yr jail term for HIV positive man for raping step daughter
An HIV positive man was today sentenced by a local court to 25 years in jail for raping his minor step daughter and infecting her with AIDS.
The court also granted a compensation of Rs 2 lakh for the victim's welfare and rehabilitation.
Additional Sessions Judge Kamini Lau convicted the 42-year-old man for the offence of rape, causing miscarriage by administering medicines and spreading the sexually transmitted disease.
The court gave separate punishment of 10 years for rape, 10 years for attempt to murder and five years for causing miscarriage of pregnancy. The court made it clear that the three sentences would run consequently.
The court said that the convict, a patient of HIV and tuberculosis, had knowingly raped his 15-year-old daughter and he was also aware that his act might cause death to her.
It also discussed the laws prevailing abroad on similar issues relating to transmission of sexually transmitted disease saying the offenders in foreign countries are held guilty for provisions including grievous hurt.
"The courts of England, Wales, US and Canada while dealing with similar issues relating to transmission of sexually transmitted disease or infections have uniformly held the violators guilty under various penal provisions such as Grievous Hurt, Recklessly causing serious body harm etc. (which include cases where a person has full knowledge of his HIV Positive status)," the judge said.
The court added that the exception has been made only in those cases where the other partner consents to risk and where it has been proved to be an informed consent.