The Appellant, an HIV positive person, was found guilty of raping his step daughter and was convicted for commission of offences under Sections 376/313/307 IPC.

The appellant was convicted for the commission of offences under Sections 376 (rape), 313 (causing miscarriage without woman’s consent), and 307 (attempt to murder) IPC. He was, thereafter, sentenced to undergo twenty-five years of rigorous imprisonment, apart from fines.

However, The trial court found the appellant guilty of attempt to murder on account of the facts that he was suffering from AIDS, was HIV positive, and was aware that his acts could result in transmitting the potentially lethal disease to the prosecutrix.

The trial court had reasoned that although Sections 269 and 270 IPC provide for punishment for spreading infectious disease which is dangerous to life, intentionally or negligently, there was a need for tougher criminal laws regarding non-disclosure of Sexually Transmitted Diseases/Infections.

While deciding the appeal, the High Court upheld the appellant’s conviction under Sections 376. However, the Court held that there was insufficient evidence to conclude that the appellant had committed the offence of causing the prosecutrix‘s miscarriage under Section 313 IPC.

It also did not concur with the view that the appellant was guilty of attempt to murder under Section 307 IPC. 

The judgment was passed by a single-judge Bench of Justice Vibhu Bakhru in an appeal from an order passed by the trial/lower court.

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