Lawstreet Journal

HIV positive patient having sexual intercourse without a woman's consent cannot be convicted for an offense punishable under Section 307 of IPC,1860: Delhi HC [READ ORDER]

Lawstreet Journal 4 Dec 2020 9:15pm

Image courtesy: Lawstreet Journal Judiciary HIV positive patient having sexual intercourse without a woman's consent cannot be convicted for an offense punishable under Section 307 of IPC,1860: Delhi HC [READ ORDER]

The Delhi High Court on 26th November 2020, declined the view of the Trial Court and held that in case an HIV positive patient has sexual intercourse without a woman's consent, he can't be convicted for an offense punishable under Section 307 of Indian Penal Code,1860.

The Bench of Justice Vibhu Bakhru further observed that in case of unprotected sexual engagement by an HIV positive person, when such a person is aware of the nature of his disease; his act can be termed as a negligent act and thus he is liable to be punished under Section 270 of the Indian Penal Code,1860.

Brief Facts of the case

  1. Complainant had alleged that her stepfather had forcibly raped her multiple times
  2. Pursuant to her allegation, an FIR was registered on 05.08.2011. under Section 376 of IPC,1860
  3. She was handed over to Swati Sharma from Child Line, NGO Prayas, who brought her to the police station, and her statement were recorded.
  4. To establish the case, the prosecution examined fourteen witnesses and the defense did not lead any evidence.
  5. The appellant was charged for committing offenses punishable under Section 307/313/376 of the IPC,1860. He pleaded not guilty to the offenses. He was tried and convicted by the Trial Court.

 

The verdict of the Trial Court

  1. The judgment was delivered by the learned ASJ-02, North West Rohini Courts, Delhi on 27.08.2012.
  2. The Trial Court found the appellant guilty of raping his stepdaughter and since the appellant is infected with Human Immunodeficiency Virus (HIV Positive).
  3. He was also convicted for an offense punishable under Section… Continue Reading...

    Tagged: Sexual Crimes   Sexual Harassment  
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