IO told me that as per vitness statement he cannot cancle the 326B sec so he told me that he Charged ipc 511. So plz help me.
326B: Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent of partial damage or deformity of burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for aterm which shall not be less than five years, but which may extent to seven years and also be liable to fine.
Moral guilt and injury Section 511 is a general provision dealing with attempts to commit offences not made punishable by other specific sections. It makes punishable all attempts to commit offences punishable with imprisonment and not only those punishable with death. An attempt is made punishable, because every attempt, although it falls short of success, must create alarm, which by itself is an injury, and the moral guilt of the offender is the same as if he had succeeded. Moral guilt must be united to injury in order to justify punishment. As the injury is not as great as if the act had been committed, only half the punishment is awarded. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence.
When the above two are read together, the IO may justify his charges and the section he is trying to include in this case.
1. Complenant alleged that i have thrown acid frm Inverters Battery and she my wife missed it to take on her body.
2. And at the time of incident her brother was present and he saw all incident. But he was not there just this a story.
3. In investigation IO took two Panch those are my neighbours/steet living person and taken statements that i didnt have inverter battery.
4. Want to know what are next concicuneces of 326b/511 ipc.
This is a matter of defence during trial, you can ask your advocate to question the prosecution witnesses accordingly during cross examination on these lines too.
5. In this case is there chance to go agin jail for life or 5 to 7 years.
it purely depends on the merits in your case and the presentation of your case by defying/challenging all her charges and allegations properly during trial.
6. My wife brother is Advocate in High court and he utilise his talent by doing false case on me and my family.
7. This is only Story of Throwing acid from Inverter Battery but now am afraid about conviction. If i cant able to prove my innocence then i will convicted.
8. So plz guid how they can prove the Acid thrown Story and what i can try to prove my innocence.
9. PlZ guid in charge sheet IO charged 511 ipc on me.
You should equip your advocate with the complete details about the ongoing cases and the detailed background of whatever happened earlier as well on the date of the said incident.
Discuss each and every point with your advocate and get him fully prepared to face the trial with set of proper questions to be asked during cross examination to nullify her charges.