KONATH MADHAVI AMMA Vs. S M SHERIEF

JUDGEMENT

(1.) The appeal is by the complainant in C.C. No.613 of 1977 on the file of the Chief Judicial Magistrate, Ernakulam and it is directed against the Judgment dt. 30-5-1980 dismissing the private complaint filed for offences punishable under Ss.500 and 501 of the Indian Penal Code. The respondent-accused is the Editor. Printer and Publisher of a daily newspaper by name "Geetha", published from Ernakulam. Exts. P1, P2 and P3 are respectively the publications made by him in the issues of his paper dt. 2-1-1977, 10-4-1977 and 21-8-1977. The complainant's case is that these publications are defamatory to her and her daughter, in having openly attacked their conduct especially morality. The learned Chief Judicial Magistrate acquitted the accused.

(2.) The main question arising in this appeal is whether the complaint is fatally detective inasmuch as it has not disclosed the allegations which specifically constituted the imputations affecting the reputation of the complainant and her daughter.

(3.) Exts. P1 to P4 were marked on the side of the complainant. Of them Exts. P1 to P3 are the impugned publications and Ext. P4 is a postal receipt for having issued notice to the accused. Pws.1 to 5 are the witnesses of whom PW.1 is the complainant. PWs.2 to 5 were examined to prove that by reading Exts. P1 to P3, the complainant and her daughter were lowered in their estimation. The defence documents are Exts. D1 and D2 and D2(a). Exts. D2 and D2(a) are the postal receipts. Ext. D1 is a mass petition addressed to the Deputy Superintendent of Police. It contains several allegations against the complainant and her daughter. DWs.1 and 2 are signatories to Ext. D1. They have spoken to the allegations in Ext. D1 as well as the alleged bad character, antecedents and reputation of the complainant and her daughter. A copy of Ext. D1 was sent to the accused and it is said to be the basis of the impugned publications.