BIMAL CHETRY Vs. (DR.) TRIDIB BARUAH

JUDGEMENT

(1.) A news item titled "Hospital attacks Dona's parents (punish the baby killers) " was published in The Times of India in the issue dated 15.09.2003 in the front page which is extracted as below:-

(2.) According to the appellant who is a practising advocate, the said allegations made in the news item against them are totally false and baseless and the same is imaginary, concocted and fabricated. Because their daughter has no such congenial heart disease and at no point of time she was ever treated by cardiologist etc. Rather she was a healthy baby and was studying in preparatory class of Spring Birds School. Challenging the publication of above news item at the instance of the respondent which has lowered his reputation, the appellant, as a complainant, lodged a complaint case before the Chief Judicial Magistrate, Kamrup for prosecution of the respondent u/s 500 IPC.

(3.) On the basis of the complaint cognizance was taken under Sec. 500 of the Penal Code and process was issued against the respondent. The case was tried by the learned Spl. Judicial Magistrate, Kamrup, Guwahati. During the trial the complainant examined five witnesses including the complainant himself. Defence pleaded innocence but examined no witness in his defence. The learned trial court on conclusion of the trial found the accused respondent not guilty and acquitted him from the charge under Sec. 500 of the IPC.