DR. SUNIL KUMAR BHANDEKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Appeal is directed against the judgment dtd. 05/09/2011 passed by the Special Judge, Rajnandgaon in Special Case No.46/2010 whereby the Appellant has been acquitted from the offence punishable under Sec. 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case are that the complainant Dr. Sunil Kumar Bhandekar (PW-3) Subject Expert, Animal Husbandry, who was working under the sub-ordination of accused/Respondent No.2-Dr. Ayub Khan, Program Coordinator at Agricultural Science Center Rajnandgaon. The complainant had made a written complaint on 04.05.2009 to SHO, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 stating that on 31.03.2009 at 3.00 p.m, when the complainant and other staff members went to the chamber of the accused for redressal of their official problem, the accused got annoyed and threatened them to spoil their CRs and also abused the complainant in front of other staff in the name of his caste by saying " VARNACULAR TEXT " and thereby humiliated him. On such complaint, upon enquiry, the police has registered FIR on 01/11/2010 and also seized the caste certificate of the complainant. After completing the investigation, the charge sheet was filed.

(3.) The accused/Respondent No.2 denied the charge and in his statement, stated that he had made a complaint against Dr. Sunil Bhandekar (PW-3) to the CG Minority Commission for which, Collector had conducted an enquiry, therefore, he made a false complaint against him.