KANWAL LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of Punjab by which a Criminal Revision filed against an appellate Order of the Additional Sessions Judge, Ludhiana confirming the appellant's conviction and sentence was dismissed in limine.

(2.) The facts giving rise to the appeal lie in a very narrow compass. The appellant was prosecuted on a complaint filed by Mst. Ram Rakhi of the offence of defamation under S. 500, 1. P. C. The appellant and Mst. Ram Rakhi were neighbours. The defamatory matter was contained in a communication addressed by the appellant who is a member of the police force to the District Panchayat Office, Ludhiana. In this "application" the appellant alleged that the complainant was a woman of loose character who was having illicit connection with goondas, her paramours coming to her frequently at nights and that her immoral activities reflected badly on the locality in which the appellant lived. There is no doubt that this was grossly defamatory of the complainant. The defence of the appellant substantially was that in substance the allegations were true and that he was entitled to make this application to the Panchayat in order to seek the assistance of that body for getting the complainant out of the locality and for this purpose he relied upon the last paragraph of the application which ran:

(3.) It was the revision filed against this judgment that was dismissed in limine by the High Court.