NEW DELHI: Terming it a “classic” and “unsolved” mystery , the Delhi high court acquitted a security guard of a children’s home of the charge of repeatedly sodomising minor orphan boy who is HIV positive Justice C Hari Shankar reversed the trial court’s verdict awarding 10-year jail to the accused, saying it would be a "travesty of justice" to convict him of having committed such an “unsolved” crime. The high court, in its 69-page judgement, noted that while the child was HIV positive, accused Amardeep Kujur tested negative and noted that there were allegations that the child was sexually assaulted multiple times. It underlined that the possibility of non-transmission of the HIV virus to the accused would be remote and disagreed with the trial court’s finding that it was not necessary that the HIV virus would, in every case of sexual contact, be transmitted from partner to partner.Justice Shankar observed that the trial judge “ignored the above two facts, apparent from the evidence, i.e., firstly, that the child had suffered mucosal tears in the private parts and, secondly, that the man was alleged to have repeatedly sexually assaulted the child. Sexual contact is, it is well known, the primary mode by which HIV virus is transmitted.”In the judgement, the high court said the mystery of how the assaulter entered the room where the minor was sleeping, and sodomised him day after day, remained unanswered. “The situation, in the present case, remains a classic, and unsolved ‘locked room mystery’, even while the man stands convicted and sentenced (by the trial court). This is entirely impermissible in law,” HC noted.While the child's father was in jail, his mother had died of HIV and, as there was not nobody to look after him, he was sent to the children home for boys.

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