KASHMIR SINGH Vs. GULSHAN LAL AND ORS

JUDGEMENT

(1.) Prayer in this application is for grant of leave to file an appeal against the judgment dated 19.04.2010 passed by the learned Special Judge, Tarn Taran, whereby the respondents/accused were acquitted for the offence punishable under Section 3 (1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, "the Act"). Prayer has also been made for condonation of delay of 186 days in filing the said application.

(2.) The applicant/complainant had filed a complaint for the prosecution of the respondents/accused for the commission of offence punishable under Section 3 (1)(x) of the Act on the allegations that the applicant belonged to scheduled caste and was residing at Village Mugalwala, Tehsil Patti, District Amritsar.

(3.) The respondents/accused were running a crech at Ferozepur and they had engaged the applicant/complainant for transportation of the children on the salary of Rs. 1,000/- per month. The applicant/complainant joined his duty on 01.05.2006. On completion of a month, the applicant/complainant was paid Rs. 800/- only and promised to make payment of the remaining amount of Rs. 200/- on 18.06.2006 at Patti. On 18.06.2006, the respondents/accused came to Patti and met the applicant/ complainant. He demanded his due amount from them (respondents/accused) but they asked the applicant/complainant to work with them for one month more and promised to pay the due amount. When the applicant/complainant showed his inability to adhere to their request and asked for payment of his due amount, the respondents/accused got enraged and insulted the applicant/complainant in the public by uttering derogatory words in the name of his caste. When the applicant/complainant asked them not to do so, then the respondents/accused removed the turban from his head and again uttered the derogatory remarks against his caste. Dilbagh Singh, Darshan Singh and Harpartap Singh reached at the spot and rescued the applicant/ complainant from the clutches of the respondents/accused.