Filed under ipc 307 ,326
Querist :
Anonymous
(Querist) 23 August 2018
This query is : Resolved
Sir my mother was victim of acid attack and she got her eyes damaged n now she is recovering her eye sight...filed a complaint as some unknown person attacked ...police arrested our cousin as attemting the attack..now he is in remand..if we take take our case back is there chance to get our cousin out of this pls guide...his bail has been cancelled..
Querist :
Anonymous
(Querist) 23 August 2018
Pls aNswer
K Rajasekharan
(Expert) 23 August 2018
Both 307 and 326 of IPC are serious criminal offences and non-compoundable ones. Therefore you cannot do anything to withdraw the case.
In such serious offences, once you file the First Information Statement your job ends and the State, at its expenses, is pursuing it further in which the provider of first information has no special role.
But in private nature offences between two parties like adultery etc the party who filed the complaint can withdraw it. Such offences are of less serious nature for the State. They happen in private domain surrounding the parties where the State has no much say.
But there is an informal way of settling serious offences like 307, 326 etc, in which the witnesses turn hostile and tell the court that the accused is not the person who committed the crime.
Sudhir Kumar, Advocate
(Expert) 23 August 2018
there is no other way.
you have nowhere stated whether this man is arrested rightly or wrongly.
Dr J C Vashista
(Expert) 23 August 2018
1. The state shall proceed even if your mother wishes to withdraw her complaint.
2. What is the advise of your lawyer?
3. What was the reason to remain "anonymous" author when you know such persons are not obliged by experts as per rules of this platform?
Vijay Raj Mahajan
(Expert) 23 August 2018
Acid attack on woman and charge under section 307 IPC i.e. attempt to murder, doesn't looks rightly made, definately the Session Court can discharge the accused under section 307 IPC.
Yes the charges under section 326 IPC of voluntary causing grievous hurt when the eye of the victim got damaged by acid thrown on her face, is rightly made out by the IO of the police.
As far compromise between the parties are concerned that can be either moving the High Court for quashing the FIR/charges under section 482 Cr.P.C. made against the accused where the High Court under its inherent power may allow the quash petition of the accused considering the dispute being compromised within the family members and reasonable compensation for injuries paid the victim.
As far going ahead with prosecution and making the eye witness to the incidence stating the accused not the person who threw the acid on the victim, when the same witness during the investigation state recorded u/s 161 Cr.P.C statement about recognising the accused as the same person who threw the acid on the victim, will be committing offence under section 182, 191, 193 IPC of giving false information and making statement before the public servant as well in court by the witness. Taking this line of action can make the witness to commit wrong in the court for which court can take cognizance and punish the witness. I will not recommend this line of action.
Querist :
Anonymous
(Querist) 26 August 2018
Thank you sir but the person my mother saw was not my cousin by his physique..as the person is fully covered his face..details given by my mother about the shirt ,hand kercheif colour police are Not listening that the evidences they collected are not correct and my cousin also admitted that he thrown acid which is not right as another person saw the person who thrown acid was not my cousin ..not understanding my cousin parents put a lawyer but he is not helping atall..pls help where we should take the case return in police station or in the court ..till now court has not called my mother
Querist :
Anonymous
(Querist) 26 August 2018
Thank you sir but the person my mother saw was not my cousin by his physique..as the person is fully covered his face..details given by my mother about the shirt ,hand kercheif colour police are Not listening that the evidences they collected are not correct and my cousin also admitted that he thrown acid which is not right as another person saw the person who thrown acid was not my cousin ..not understanding my cousin parents put a lawyer but he is not helping atall..pls help where we should take the case return in police station or in the court ..till now court has not called my mother
