SOM RAJ SOMI Vs. AJAY PAL SINGH DHILLON

JUDGEMENT

(1.) ALLOWED as prayed for. Main Case This is application by complainant-Som Raj Somi filed under Section 378(4) of the Code of Criminal Procedure (in short, Cr.P.C.) for grant of leave to appeal against judgment of acquittal dated 10.08.2011 passed by learned Special Judge, Jalandhar thereby acquitting respondent No.1 for offences under Sections 3(iv, v, x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the 'Act') and Sections 323, 452, 506 of IPC.

(2.) CASE of the complainant is that respondent No.1 firstly abused him in the name of his caste on the telephone and then came to the place where the respondent was raising boundary wall of his plot and again abused the complainant in the name of his caste and also threatened him by entering into the plot of the complainant.

(3.) STATEMENTS of complainant and his witnesses have also been found to be contradictory regarding alleged utterance of respondent No.1. There was also dispute regarding the plot in which the complainant started raising boundary wall. Compromise was also effected between the parties in the police station after the appellant had reported the matter to the police. The appellant had also made complaint to Punjab State Human Rights Commission and on enquiry, allegations of the complainant were found to be false. Police, after enquiry, also found the allegations of the complainant to be incorrect.