SABHAJEET MAURYA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Introduction

(2.) The Trial Court found the appellant guilty of raping his step daughter and since the appellant is infected with Human Immunodeficiency Virus (HIV Positive), he was also convicted for an offence punishable under Section 307 of the IPC - attempt to murder. The Trial Court reasoned that since the appellant was aware that his acts could result in transmitting the potentially lethal disease, he had knowingly committed an act, which if resulted in transmitting of HIV and consequently, the death of the victim from that disease, it would amount to murder.

(3.) The appellant was prosecuted pursuant to registration of FIR bearing no. 281/2011, under Section 376 of the IPC with PS Shalimar Bagh. The said FIR was registered on 05.08.2011, pursuant to the statement made by a girl, who was aged about fifteen years at the material time. Her identity is concealed and she is hereafter referred to as 'the prosecutrix'. She had alleged that the appellant - who is her step father - had forcibly raped her multiple times