Rape by HIV positive man not attempt to murder: Delhi HC


While upholding the conviction of an HIV positive man In a rape case, the Delhi high court has given the order to set aside conviction under an attempt to murder charge- for which trial court had sentenced him for an additional 10 years imprisonment and HC also said that such a ruling by lower court would also mean any sexual activity by person infected with HIV is punishable offence under IPC section 307, notwithstanding the partner consent.

The trial court in 2012 ruled that the accused was aware his act could result in transmitting life threatening disease. In the august 2012 order the trial court sentenced the accused for 10 years in prison for raping his stepdaughter, five years for causing her miscarriage without her consent, and after 10 years of offence U/S 307. The accused has been given punishment for 25 years imprisonment.

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