An HIV positive man, who repeatedly raped his 14-year-old stepdaughter after the death of his wife, was convicted by a city court for committing rape, causing miscarriage and attempt to murder. The wife of the convict Sabhajeet Maurya had died of HIV.
Additional sessions judge Kamini Lau sentenced the convict to 10 years for rape, 10 years for attempt to murder and five years for causing miscarriage of pregnancy. The three sentences would run consecutively.
The court said that the convict, a patient of HIV and tuberculosis, had knowingly raped his daughter and he was also aware that his act might lead to her death.
The court also directed the administration and the investigating agency to ensure medical examination of accused and victim in sexual assault cases. “This is required to be done so as to make sure that in case of the accused/violator is suffering from any STD/STI, he is appropriately charged for the same and also to protect the victim and provide the necessary treatment at the earliest wherever required,” the court said. The court granted compensation of Rs 2 lakhs to the victim as her father has been convicted and she has a sister and a stepbrother (HIV infected) to look after.
“There is a need for tougher criminal laws connected with non-disclosure by a person to the sexual partner regarding the sexually transmitted disease which that person may have. This is required to be done in order to save the partner from avoidable health risks before it is too late,” it said.