SMT. NAJIBUNNISA Vs. STATE

JUDGEMENT

(1.) THESE two criminal revisions arise out of the same order passed, by the Temp. Civil and Sessions Judge, Mirzapur, on 29 -5 -1968 and may be disposed of together. The question of law which arises for consideration in these cases and as to whether the alleged defamatory statements made by the Applicants as accused persons in their defence Under Section 342 Code of Criminal Procedure could form subject of their prosecution for defamation.

(2.) THE material facts of the case are that there was a criminal case brought by one Mohammad Siddiq against Smt. Najibunnisa and Shukurulla Under Sections 494 and 497 IPC on the allegation that Smt. Najibunnisa being his wife had married Shukurulla in the life time of the first spouse and thereby she was guilty of bigamy and Shukurulla was guilty of abetment of the same, In the same complaint it was added that Shukurulla had committed adultery with Smt. Najibunnisa, the wife of Mohammad Siddiq. In proof of the fact that the accused Shukurulla had married Smt. Najibunnisa or had Committed adultery with her it was alleged by the prosecution that Smt. Najibunnisa had given birth to two children by Shukurulla. Smt. Najibunnisa and Shukurulla were examined by the court on 28 -2 -1966. One of the questions put to Shukurulla and the answer given by him may be translated into English as follows:

(3.) BOTH the Applicants in their respective cases admitted to have made the alleged statements in the written statements and also in their statements Under Section 342 Code of Criminal Procedure in the earlier proceedings but denied that they had made the said statements with an intention to insult Shah Mohammad and claimed that the statements made by them were true. Shukurulla further stated that he had made the statement that the two children were born to Smt. Najibunnisa from Shah Mohammad on the basis of the information received by him from Smt. Najibunnisa.