NEELAMKAVIL JACOB JOHNSON Vs. RAVEENDRAN

JUDGEMENT

(1.) It is a case wherein, criminal law was set in motion at the instance of the complainant alleging offence punishable under Sec. 500 IPC. The court below found that though the imputation is per se defamatory, it would come under Exception 9 to Explanation 4 of Sec. 499 IPC and hence acquitted the accused. It is against the said order of acquittal, the complainant came up in appeal.

(2.) The short facts of the case are as follows: The appellant, who is a lawyer by profession went to his native place at Chavakkad on 15/7/1999 to attend a festival in the native church and went to Youth Centre at Palayoor to see his old friends. While he was sitting along with his friends, the first respondent, the Sub Inspector of Police, Chavakkad came there along with some policemen and manhandled the appellant and took him to the police station, then to a nearby hospital. The doctor, who attended the appellant issued a certificate that he was not intoxicated by alcohol. A crime was registered against the appellant alleging offences under Sec. 7 and 8 of the Kerala Gaming Act. It was challenged before this court in Crl.M.C. 8349/2001 and this court quashed the proceedings. It is thereafter the appellant preferred a complaint before the JFCM, Chavakkad against the first respondent alleging offence punishable under Sec. 500 IPC on the ground that a civil suit was instituted by the appellant as O.S.46/2000 before the Munsiff Court, Chavakkad claiming damages, in which a written statement was submitted raising false imputation against the appellant. The portion of the written statement which according to the appellant is defamatory was also extracted in the complaint, which runs as follows:

(3.) The trial court acquitted the accused on the reason that though the imputation is defamatory, it would come under Exception 9 attached to Explanation 4 of Sec. 499 IPC. It is against the said order of acquittal, the appellant came up.