SHIVNARAYANA BHONDAPRASAD Vs. SUPERINTENDENT CENTRAL PRISON NAGPUR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) As an undertrial in connection with an offence punishable under section 376, ipc, the petitioner was admitted in Chandrapur jail on 17. 5. 2007. Before he was lodged into jail, on the requisition made by PSO Ballarsha, the Medical Officer, Primary Health Centre, ballarsha, district Chandrapur examined the petitioner on 17. 5. 2007 and was found to be physically and mentally fit having no injuries or diseases. On 21. 5. 2007 the petitioner complained about fever. He was accordingly treated, various tests were undertaken and on 18. 12. 2007 HIV test of the petitioner in General hospital, Chandrapur was undertaken. The report dated 22. 12. 2007 disclosed that the petitioner was HIV positive. The petitioner was convicted for the offence punishable under section 376, IPC byjudgment dated 15. 1. 2008.

(3.) In the present case, it is apparent that at the time of admission of the petitioner in jail on 17. 5. 2007, his HIV test was not undertaken. The report of the counsellor Sharda lokhande shows that the petitioner has history of sexual relations with several females. It is thus obvious that there is every possibility that the petitioner might have been infected with hiv even before his admission to the Central jail, Chandrapur and the same remained dormant. In view of these circumstances, we feel that the Jail Authorities should explore the possibility as to whether HIV test can be undertaken whenever any undertrial or convict is lodged in jail particularly in connection with sexual offence so as to avoid further allegations that during his stay in the jail he was infected with HIV.