K A MOHAMAD KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is tiled by the accused who were convicted by the Sub-Divisional Magistrate of Always under Section 31(5) of the Travanco re-Cochin PUBLIC SAFELY Measures Act -- Act V of 1950 [hereinafter referred to as the Act).

(2.) The second accused is the Editor and printer of a Malayalam daily called 'Janatha' published from Ernakulam and accused No. 1 is the Alwaye correspondent of the paper. In the issue of the paper dated 26th August, 1960 a report sent by the first accused was published on the front, page under the caption

(3.) That the report was sent by the first accused and that it was published by the second accused in the paper is amply proved and has been admitted by the accuse When questioned under Section 342 Cr. P. C., the first accused stated that the report is, in fact, true and the second accused stated that it was published bona fide believing that the report is true. The defence examined witnesses to prove that the report is true. The learned Magistrate on a consideration of the evidence came to the conclusion that It was a false report and would amount to a 'prejudicial report' and convicted the accused under Section 31(5) or the Act. The learned Sessions Judge of Ernakulam on a reappraisal of the evidence, in appeal, cams to the same conclusion that tbe report was false. He negatived the contention, of the learned counsel for the defence that Section 31(5) of the Act was ultra vires and confirmed the conviction and sentence. Aggrieved by the order the accused has come up in revision.