A Sessions court here sentenced a 42-year-old
HIV-positive man to 25 years in prison on Friday for raping his minor
step-daughter, administering pills which caused her to suffer a
miscarriage, and attempt to murder for indulging in unprotected sex with
the child despite knowing of his HIV-positive status.
Additional
Sessions Judge Kamini Lau convicted the man to ten years in prison for
rape, five years for causing miscarriage without the child’s content,
and ten years for attempt to murder for endangering her life through
performing unprotected sex. Instead of the normal practice of the
sentences running concurrently, the court ordered that the three
sentences will run consecutively – which means the convict will spend 25
years in jail.
The court also regretted that the
Indian Penal Code did not provide stiff punishment for negligent act
(IPC Section 269) and malignant act (IPC Section 270) likely to spread
infection of disease leading to death pointing out that these two
sections offered only six months and two years punishment respectively.
The court also regretted that the Indian Penal Code did
not provide stiff punishment for negligent act (IPC Section 269) and
malignant act (IPC Section 270) likely to spread infection of disease
leading to death pointing out that these two sections offered only six
months and two years punishment respectively.
ASJ Lau
also ordered the Delhi Government to pay Rs.2 lakh as compensation to
the victim for her welfare through a welfare officer appointed by the
Department of Women and Child Development (WCD).
The possibility of the
convict having transmitted some infection and disease to the victim
while committing the ghastly act was also not ruled out by the court
while awarding the punishment and the compensation. The infection could
manifest itself at a later stage with the victim being in a window
period now, the court said.
The incident came to
light in August last year when the victim’s step-brother, who was also
HIV-positive, was admitted to a hospital for treatment. When the
14-year-old girl started vomiting, tests conducted on her showed her to
be pregnant and also suffering from a sexually transmitted disease. When
questioned, she confessed to a nurse that since her mother’s death in
January after succumbing to AIDS, her step-father was regularly raping
her.
When the step-dad came to know about this, he
visited the hospital and forced her to take abortion pills. The doctors
reported the matter to the police and the step-father was arrested.
Meanwhile, the girl suffered a miscarriage and forensic tests conducted
on the aborted foetus showed that the biological father was the
step-dad.
However, the girl under pressure from her
family named a person that she was in love with who was then named as an
accused in the case but was subsequently acquitted. The victim is in
the custody of this person’s family at present.
The
victim told the court that she was interested in joining a stitching
course and become financially independent following which Ms. Lau asked
the Delhi WCD Department to intercede with their counterparts in Uttar
Pradesh to secure her admission for such a course run by an NGO at
Ambedkar Nagar district in U.P.
The Judge also
directed the SHO of Shalimar Bagh police station to produce the younger
sister and the HIV-positive step-brother of the victim before a Child
Welfare Committee as there was none to look after them.
The
court also sought intervention of administrative and policing wings in
ensuring that in cases of sexual assault, the medical examination of the
accused should also test if he suffers from infections or diseases that
can be sexually transmitted. The court said this would help book the
accused under appropriate charges and protect the victim through
providing necessary treatment at the earliest if required.
Ms.
Lau also recommended direct legislation to deal with the issues
relating to disclosure of sexually transmitted disease status; of
recklessly endangering life of another; of depraved indifference to the
life of another; and aggravated sexual assault.
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