SHANMUGAM Vs. SENKOL MARY

JUDGEMENT

(1.) THIS appeal is directed as against the Judgment and decree dated 09.01.1989, passed by the learned Subordinate Judge, Dindigul, in O.S.No.73/86 dated 09.01.1989, which was filed by the plaintiff for compensation as against the defendant for defamation.

(2.) A resume of facts absolutely necessary for the disposal of this appeal would run thus The plaintiff being a lady filed a suit for damage on the ground that she was defamed by the defendant by threatening her that he would show her naked photos to others and thereby he demanded money from the plaintiff. It so happened that the defendant gave her some liquid and made her unconscious and during that time he raped her and took photograph of her naked body and thereby when she sent legal notice through her advocate on 06.09.1985, demanding such photos should be returned back to her and also the blank papers in which her signatures were obtained. The defendant gave a reply dated 08.09.1985, denying any such photos in his possession. But he made defamatory allegations as though she was a lady of immoral character and she had intercourse with merchants, surveyors and whomsoever wanted to sleep with her. He also referred her as a call girl. As such by his reply notice defamed her reputation. She sent another legal notice calling upon him to apologize for his defamatory statement. But he refused to respond positively. Hence, she filed the suit.

(3.) ACCORDINGLY he prayed for the dismissal of the suit after setting aside the judgment and decree of the trial Court.