(1.) The Courts. below, concurrently found the petitioner guilty of the offence punishable under S.501, I.P.C. and sentenced him to pay a fine of Rs. 300/-, in default to undergo simple imprisonment for 3 months. The petitioner is the Editor, Printer and Publisher of a daily, 'Al Ameen'. The issue of the newspaper dt. 25-8-78 carried a report from Chokly (Ext. P1(a)), that a young lady of the locality consulted a local medical practitioner for an ailment of her child, and that the physician wanted to examine her. Despite her protestations that she was in no need for medical attention, and had no money to pay for the same, she was persuaded to submit to a clinical examination. It turned to be such, that the woman had to flee from the physician to save her honour.' The report goes on to say, that the medical practitioner, who was rendering free treatment on Saturdays had a weakness for comely woman and that as a result of his attentions, a woman patient was put to the necessity of an abortion. The complainant, P.W. 1 avers that the reference though veiled, is unmistakably to him, and that the readers of Ext. P1(a) thought so. He says, his portrayal as a lecherous person, lowered his moral character and that he fell in the estimation of those who read Ext. P1(a). His professional standing was also tarnished. To prove the charges, besides the complainant (P. W. 1), P.W. 2 was also examined.
(2.) The trial Court found the petitioner guilty of the charge, and convicted and sentenced him as aforesaid. The Court of Session affirmed the conviction and sentence. The Courts below relied on the evidence of P. Ws. 1 and 2, to find the charge.
(3.) Counsel for petitioner argues that neither the medical practitioner, nor the woman was named in the report and that there are other doctors at Chokli who answer the description in the report.