Is date of crime relevant? Is mental state of accused of relevance?
Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
Sir,
Please help me. My wife has filed a false 498a,406,506(2),323 case against me and my mother also. The case is on evidence now after the chargesheet has been filed a year before. In the complaint my wife said I beated her,abused her and threw her out of the house on 25th Jan. But on cross she said that she was mentally troubled that is why she not remember correctly. She says now that I beat her on 20th Jan, then my mother & I beat her on 23rd Jan and then on 25th after my mother & I plotted & hatched a big plan & threw her out of the house with a very intelligent plan. In the Domestic Violence case she has claimed that my mother is mentally insane for a long time and was undergoing mental treatment and she would take care of her yet my mother would beat and abuse her. She claimed that my mother was so mentally sick that she could not even get dress up herself and she had to help her.The DV case was filed 4 months after she filed 498a case. My lawyer argued that there is a serious discrepancy of the date of the crime and this shows that it is false case, however they counter attack that the date is not of much relevance here, being mentally harassed the date got mixed up. Please advice on this.
Second thing some another lawyer suggested that if the wife has accused mother in law as being mental incapable to the state that she cannot even dress up properly without help then how can she accuse her to the state of being able to hatch,conspire and execute an intelligent plotting. They said that there is some bar in CrPC or some IPC that no criminal offense cannot be initiated against people who are of unsound mind. However my lawyer said that even if she has accused your mother was mentally insane you cannot get the benefit because even mentally unsound people have to fight the trial and case and in such a case have to be represented by a lawyer or a pleader or some representative.
I am confused between this. I googled and read some IPC or CrPC which says nothing is an offense if done by a person of an unsound mind.
More than being confused I am highly harassed. Can some advocate of correct and good legal knowledge shed some light on both those topics above, discrepancy of date and criminal offense against unsound mind person?
Thanks and Regards in advance.....
Arvind Singh Chauhan
(Expert) 27 July 2011
Her complaint concerning to mother itself, contradictory. If you can prove insanity of mother, she can be discharged easily.
Advocate Rajkumarlaxman
(Expert) 27 July 2011
Put the facts more correctly our experts would place you with good legal opinions. i too.
Ajay Bansal
(Expert) 27 July 2011
Is there any medical evidence in respect of lunacy of your mother.Please tell for getting proper advice.
Querist :
Anonymous
(Querist) 27 July 2011
No, not at all. My mother is perfectly well mentally. Instead she is a patient of arthritis and of weak physical health. There is no medical document available anyplace of such also as she never went any treatment for mental unbeing also. That fact was added in her DV petition to add colours to her story to show her good nature and cruelty by us her good conduct despite adverse circumstances, however my logical mind says this is contradictory point. I dont know about legal mind. This is great injustice if you say that she is mental on one side and on the other say that she hatched an intelligent conspiracy. And neither I want to show that she is insane or mad as she has claimed. But is there some CrPC or some IPC which says that nothing is an offense if done by a person of an unsound mind, please answer this to me first? Should the Court be not sensible and intelligent to see the contradictions in the allegations and ask the complainant to explain the 2 different angles of mother -in-law. The DV petition in which she is portraying herself as a great traditional bahu who does all sewa of her saas who is mentally incapable and in 498a suddenly that saas becomes highly intelligent to plan, hatch and execute a conspiracy. SHould the Court not come down heavily on this instead of us fighting and explaining our innocence in giving evidance(opposite lawyer asks question and answers and it is written in the COurt by the clerk there). Please somebody give me a solid good legal advice about my 2 queries above.
Arun Kumar Bhagat
(Expert) 08 August 2011
You will get the benefit of these contradictions.Everything depends on how does your advocate cross-examine and elicit truth from your wife.
