Madras high court sets free HIV+ man convicted for fraud

CHENNAI: The Madras high court has granted liberty to a man who was convicted and sentenced to one month of imprisonment for swindling public money from a co-operative bank as he was found to be HIV+ and was at the fag end of his life.

"I am of the view that the punishment of imprisonment has to be modified due to the nature of the disease and the sufferings of the petitioner on humanitarian ground," Justice M V Muralidharan said, while setting aside the imprisonment orders by a sessions court. The judge then imposed 5,000 as penalty to be paid by the petitioner.

The petitioner was working as secretary-in-charge of the Primary Agricultural Co-operative Bank in 1991. Alleging that during his tenure he misappropriated funds to the tune of several lakhs, two separate cases were registered against him. Concluding the trial, the magistrates concerned convicted him for the offences and sentenced him to undergo one year imprisonment in each case.

Challenging the order, the petitioner moved an appeal before the district sessions court. He requested the court to consider his plea as he was diagnosed as HIV+ and that his days were numbered.

Considering the same, the sessions court reduced the sentence to one month. Aggrieved, the petitioner moved the high court.

As the prosecution did not dispute the fact that the petitioner has been found to be HIV+, Justice Muralidaran allowed the appeal and set aside the sentencing in both the cases.