GURUSHANTAPPA VEERAPPA KULKARNI Vs. PARAPPA FAKIRAPPA AYATTI

JUDGEMENT

(1.) This petition under sub-section (4) of Section 378 of the Code of Criminal Procedure, 1973 (for short Cr. P.C.) is preferred by the complaint in C.C. No. 1717/1986 for leave to appeal against the order of acquittal dated 27-6-1987 passed by the learned J.M.F.C. II Court, Hubli.

(2.) The petitioner filed a complaint against the respondent-accused for an offence punishable under Section 500 of the Indian Penal Code. The case of the petitioner was that the statement made by the respondent accused recorded under Section 313 of the Cr.P.C. in Criminal Case No. 1575/1982 on the file of the J.M.F.C. II Court, Hubli, was defamatory and it amounted to defamation of the petitioner in as much as several Counsels were present in the Court and the matter was also discussed outside the Court and as a result thereof his reputation was very much affected as a Counsel and as a person having a status in the society.

(3.) The learned Magistrate has acquitted the accused on two grounds that the statement falls squarely within Exception 9 to Section 499 of the I.P.C.; that it is also protected under sub- section (3) of Section 313 of the Cr.P.C.