My sister was assaulted by a man (one of her client's son) who had been stalking her, sending her unsolicited messages and pestering her for marriage for the last 2.5 years. She is married since Jan 2012.
He attacked her with a sickle (knife used to cut grass) in broad daylight. Luckily her Assistant saw him charge towards her and pulled her away just in time to save her life. She escaped this attack with 3 minor cuts on her neck and shoulder, while the assaulter calmly climbed his motorcycle and rode away.
The assaulter was arrested on basis of the FIR that we lodged and the Police pressed 3 charges against him under Section 354 (assault or criminal force to woman with intent to outrage her modesty), 324 (Voluntarily causing hurt by dangerous weapons or means) and 506 (2) (Punishment for Criminal Intimidation - threat be to cause death or grievous hurt, etc.). He was arrested, and presented in front of the Magistrate on Sunday, 2nd June 2013. He as later released on Bail.
The man is obsessive and we are very scared to have him moving free.
Ironically we've been told that the law does not allow us to file an “Attempt to Murder” case (under Section 307) against him considering that her injuries are minor. I’m surprised that a person who has confessed to the police that he had come with an intent to murder, cannot be charged with an “attempt to murder” only because the victim escaped!
I need some advise on the below:
- Can he be Charged for “Attempt to Murder” considering that he had a weapon in his hand and there are witnesses to the incident?
- Can his bail be revoked and he be put in Judicial Custody considering that he is a threat to my sister's life?
- If yes, how can we challenge the charges that have been pressed against him (someone said we could appeal to the High court, but the 1st hearing could take anywhere between 1-2 years)
- Can we procure a Restraining order to not allow the person around my sister's office and Residence.
- Recommending that he be put through a Medical test and if proven unstable, he be sent to a Mental Asylum.
Please guide- since it's getting to be very difficult to live in peace having him move around free.