SELVINA KOM PETER BYARKO Vs. GANESH P.

JUDGEMENT

(1.) The appellant/complainant approached this Court aggrieved by the judgment dated 05.01.2011 passed in C.C.No.1719/2005, on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC, Bhatkal (for short, referred to as the 'trial Court'), acquitting respondents/accused Nos.1 and 2 for the offence punishable under Section 500 of Indian Penal Code (for short, referred to as IPC).

(2.) Heard the learned counsel for the appellant Sri. Anant Hegde, through video conference and the learned counsel Sri. Venkatesh M.Kharvi for the respondents.

(3.) Brief facts of the case of the complainant before the trial Court is that, accused No.1 is the printer, publisher and editor and accused No.2 is the reporter of 'Kadala Koogu' weekly magazine. It is stated that the accused have published a news item in their magazine on 15.08.2005 with the headline- [1]. In the caption and in the article accused made imputation concerning the complainant, with an intention and knowledge, to harm her reputation as it contained defamatory accusation against her character. The complainant was working as a teacher and in view of the publication of defamatory article by accused Nos.1 and 2, her reputation in the eyes of others was lowered and the members of the society, including her students, started looking at her with suspicion. Therefore, she issued a legal notice calling upon accused Nos.1 and 2 to withdraw the article and to pay the compensation. The notice was served on accused No.1. Accused No.2 has refused to receive the notice. Both of them have not complied with the demand made therein. Therefore, the private complaint was filed before the trial Court.