LAWS(DLH)-1969-10-6

D P SINHA Vs. E T SEN

Decided On October 14, 1969
D.P.SINHA Appellant
V/S
BRIG.E.T.SEN (RETIRED) Respondents

JUDGEMENT

(1.) The petitioner in this case is the printer and publisher of a pamphlet entitled "I was a C.I.A. Agent in India" by John D. Smith. He is being prosecuted by Shri E. T. Sen, a former Brigadier in the Indian Army, for offences under sections 500, 501 and 502 Indian Penal Code on the allegations that the pamphlet contains imputations concerning the complainant which are absolutely baseless 'and false and have been made without any justification or lawful excuse with full knowledge that they are false and with intention to harm the reputation of the complainant.

(2.) The petitioner's defence, as stated before me by his counsel, is one of justification under the First, Second and Ninth Exceptions in section 499 Indian Penal Code.

(3.) The case, though instituted in early April last year has not even reached the stage of charge uptil now as the complainant whose examination-in-chief was concluded in two hearings on 18-5-1968 and 7-6-1968 is still under cross-examination since that day. Since then there have been several hearings and the cross-examination which according to the record already fills about 85 typed page's is stitll to go a long way betore it can be said to have been concluded.