An old woman I knew has severe dementia and I tried to take her to the hospital when she was extremely ill. Some people with vested interest in her property stopped the ambulance and got me arrested for trespassing. The worker of the woman filed a case for trespassing.
Later the chargesheet was filed and I applied for discharge. The court held that since the complainant has given a letter against me, I can not be discharged. Later, the complainant filed a withdrawl pursis. The court rejected the same stating that complete discharge is not possible though certain sections were removed. The court decided that complaint of trespass can be only compounded by the withdrawl of the owner of the property. Which is correct.
In each of the arguments I did submit that the lady is not in a mental capacity and produced the relevant medical certificates. Now the issue before the court is examining of the witnesses. In the mean time in another unrelated case the Hon'ble High Court appointed a doctor for her. That doctor has recently given a certificate that this lady is mentally and physically in a porr condition.
Under such circumstances can this lady be called as a witness? Are there any caselaws that deal with this situation?
Manoj
