(1.) By this appeal, the state challenges the acquittal of Harbhajan Singh, the respondent herein for offences under Sections 186/353/506 of the Indian Penal Code. The impugned judgment was passed by Shri Dinesh Dayal, Metropolitan Magistrate, Delhi on 1st May, 1978.
(2.) The prosecution case was that on 12th August, 1974, the respondent herein Harbhajan Singh who was working as a Sorter in the Railway Mail Service entered the office of Shri N.R. Mehta, who was then working as a Deputy Superintendent in the Sorting Division, without permission. The allegations are that he asked his superior officer has to how his duty had been changed and also gave him a slap while abusing him. On Shri Mehta's saying that be would call the Police, it is alleged that the respondent threatened him with dire consequences. Thereafter the accused (the respondent herein) left the office and Shri N R. Mehta lodged a report with the Police, which was exhibited as Ex. Public Witness .1/A.
(3.) The learned trial court acquitted the respondent mainly on three grounds: