LAWS(KAR)-2020-11-7

SMT. VIJAYALAXMI SHETTY Vs. MR. KOCHU SHETTY

Decided On November 11, 2020
Smt. Vijayalaxmi Shetty Appellant
V/S
Mr. Kochu Shetty Respondents

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 03.09.2010 passed in Crl.A.No.367/2006 acquitting the accused for the offence punishable under Section 500 of the Indian Penal Code.

(2.) The parties are referred to as per their original rankings before the Trial Court as complainant and accused to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the complainant married the accused on 05.11.1974 and the said marriage was dissolved on 09.08.1978 as per the decree of the Court. It is the allegation of the complainant that after the dissolution of the marriage, the accused had been writing open letters to the complainant containing per se defamatory matters to her residential address as well as official address, wherein the complainant was working and also addressing letters to her colleagues. The said letters, which were written in the open cards have been read by her colleagues. The accused has insulted the womanhood of the complainant describing her as a 'born prostitute' and threatened that he would make publication in all newspapers to that effect. The contents of those letters attribute unchastity to her and per se defamatory. Many of the letters are in the form of open cards sent to her office address and also addressed to her Bank Manager and thereby it has been read by her colleagues and others and defamed the complainant. Hence, the complainant filed the complaint against the accused.