- (1.) Challenge by way of this revision petition is to the judgment dated 29.5.2010 passed by learned Additional Sessions Judge, exercising the powers of Special Judge, Sonepat vide which the complaint of the petitioner filed for an offence punishable under sections 3(1)(ix) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act ) against Dr. S.N. Sardana, respondent has been dismissed acquitting the respondent.
(2.) The facts in brief are that Dr. Mahender Singh, the petitioner was posted as Medical Officer, Community Health Centre, Purkhas, District Sonepat. He organised a programme on PC & PNDT Act (Female Foeticide) and Devi Rupak Yojna at village Bhigan with the consent of the higher authorities including the accused. The said programme was attended by representatives of Chief Medical Officer and the accused on 25.3.2003. On 26.3.2003, under the directions of the accused, the petitioner visited his office where the respondent instead of behaving properly and appreciating his work, spoke to him in derogatory language, which is as under:- TUM HARIJAN CHAMAR HO. MERE PARON KI JUTI BARABAR HO. MAIN NE BAHUT KUCHH KAR SAKTA HOO. TUMARI ACR KHARAB KAR DUNGA. TUJH JAISE CHAMAR KO NAUKARI KARNA SIKHA DUNGA. SOCIAL PROGRAMME KARWANE BAND KAR DE. KAHAN KI RECOMMENDATION/ COMMENDATION CERTIFICATES LIYE PHIR RAHA HAI. SDM GANAUR KE TULVE CHAT. SDM KE DARBAR JAKAR JUTE SAF KAR TUN. JA CHAMAR BHAG JA, TUN JUTAN KA HAQDAR HAI. (as reproduced in the judgment of learned trial court.)
(3.) In addition to the same, the accused sought explanation of the petitioner for organising the said programme on 25.3.2003. It was alleged that on 17.2.2004, the accused called him to Ethnic India where he threatened to teach him a lesson for making a false complaint and had told him to withdraw the same or that he would be implicated in false cases and would be harassed and humiliated.;