ANDO PAUL Vs. G. ISMAIL MUSLIYAR

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dtd. 30/12/2016 in C.C.No.3490/2008 passed by the J.M.F.C. (II Court), Mangaluru and its confirmation judgment and order dtd. 18/12/2017 in Crl.A.No.20/2017 on the file of the IV Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused is convicted for the offences punishable under Ss. 500, 501 and 502 of Indian Penal Code (for short 'IPC').

(2.) The rank of the parties in the Trial Court will be considered henceforth for convenience.

(3.) It is the case of the prosecution that, the complainant was an Arabic Teacher at various madarasas i.e., Malali, Kemmara of Uppinangady etc. He was working as a Qatib of various Jumma Masjids. The complainant hailed from a very respectable family and he did not have any criminal background and did not have any personal blemish in his life. The accused being the Editor of a fortnightly magazine namely 'Pattanga' published a defamatory article against the complainant stating that the 'Satanic Chronicle of Mylar Ismail of Arkana'. It is further stated that the said statement published in the magazine which defamed the dignity of the complainant and his family members in the public view and people started enquiring him about the article published in the magazine which became ridiculous. Therefore, a complaint came to be registered by the complainant.