BHUBAN CHANDRA Vs. BUDDHI RAM

JUDGEMENT

(1.) THIS is0 a Criminal Appeal against the order of acquittal dated 19 -08 -1980 passed by Sri P.K. Sharma, the then Munsif Magistrate, Nainital, in Criminal Case No.1 07 of 1979, acquitting the accused -respondent u/s 500 LP.C.

(2.) BRIEF facts for the disposal of this appeal are that an application was filed before S.D.M. u/s 107, 116 Cr.P.C. and in that application the respondent had written against the appellant that he was a man of bad character and he brings the girls and sell them out. On the basis of this averment, a complaint was filed u/s 500 I.P.C. The learned Magistrate after taking the cognizance recorded the evidence of the complainant -Bhuban Chandra -PW 1 , Govind RamPW2 and Tara Ram - PW3. The complainant -PW1 himself had supported the averments of the complaint made by him before the court. Govind Ram - PW2 had stated that the complainant holds a very good character & reputation in the society but he had not stated directly or indirectly that the imputation directly or indirectly in' his estimation lowered the moral or intellectual character of the complainant. Tara Ram -P.W3 had also stated that the complainant had a good character but he had not stated that the reputation of the complainant had been lowered down in the society by the said imputation.

(3.) THE accused -respondent examined u/s 313 Cr.P.C. and he had stated that he made the application and he admitted the averment made in the application in para 5 of the application submitted to the S.D.M. He had stated that he had made the said imputation in good faith and public interest and he had no intention to defame the appellant. No defence evidence has been adduced in this case.