BHADRAVATHI SHIVARAM Vs. SHRI RAJASHEKAR

JUDGEMENT

(1.) This revision petition has arisen out of the judgment dtd. 16/8/2018 passed in Crl.A. 189/2017 by the II Addl. Sessions Judge, Mysuru, directing the petitioner/accused to pay additional compensation of Rs.1,00,000.00 to the respondent/complainant within 30 days.

(2.) The facts in brief are that the petitioner is the accused before the trial Court and respondent before the first appellate Court. The complainant was working as a Range Forest Officer and he initiated criminal proceedings against the accused- revision petitioner by filing the private complaint alleging that the accused, being the Publisher and Editor of Kannada weekly magazine "Shivaram Parisara", had published a news in a weekly magazine dtd. 22/12/2006 that complainant being a Range Forest Officer at the relevant time had taken a lead for theft of sandalwood tree in the Range Forest Office at Bhadravathi, Shimoga District, but the higher officers did not take any legal action against him. Due to publication of false and incorrect information, the complainant suffered mental agony as his image was tarnished. With these averments, a private complaint has been filed before the JMFC Court, Mysuru.

(3.) On appreciation of oral and documentary evidence placed on record, the trial Court passed the order convicting the accused for the offence punishable under Ss. 500 and 501 of IPC and imposed fine of Rs.13,000.00 and in default to undergo simple imprisonment for six months. Some portion of the fine amount was directed to be paid to the complainant as compensation. The complainant, being aggrieved by the said order preferred appeal before the Sessions Court in Crl.A. 189/2017. The Sessions Court, on re-appreciation of the evidence placed on record, modified the order of the trial Court and directed the accused to pay additional compensation of Rs.1,00,000.00 and in default to undergo simple imprisonment for a period of 30 days under Sec. 359(1) and (2) in addition to the fine imposed by the trial Court.