LALLIANI Vs. R L RINA

JUDGEMENT

(1.) Mizoram may be a small Union Territory but it has beauty, culture and civilization of the highest order. The people are strong, healthy and good looking, literacy is the second highest in India and the landscape and humanscape are bonny, exquisite and beauteous. The complainant petitioner claims that she is good looking and in the prime of her youth she was one of the most fine-looking girls in Mizoram. All Mizo girls are handsome and beautiful but the striking feature is the manner in which they exercise their restrained freedom. They have a unique life style where song and dances play a pivotal role. The boys mix with them but if they overdo, even touch the body of a girl without her permission they are penalised according to their customary law. It is a taboo. The boys respect girls, so do their counterpart. Mizoram is famous for songs you hear the sound of music in the valleys and hills, and the sweet musical notes ring in your ears even after you had left Mizoram. Songs have a special place and the poets and singers are dearly respected - they are essential part of Mizo culture and heritage.

(2.) "Lalzoua" was a renowned Mizo poet who composed songs, and, naturally he had large fans, but unfortunately he died young in December, 1945. "Lalzoua" was dead but his songs and spirits lived in the minds of the Mizos so much so that even after long 33 years of his death, the people wanted to know more about him and his life. The opposite party Shri R.L. Rina was a researcher of the culture and heritage of Mizoram and desired to print a biography of the famous poet. He found it difficult to collect data due to the passage of time. He searched for persons and could farret out the sister of Lalzoua. Indeed, Mrs. Siamliani is the sister of Lalzoua. The striking feature in the name of complainant and Mrs. Siamliani is the word "Liani" suffixed to the name of both of them. We tried to get the meaning of the word 'Liani' from learned counsel for the petitioner but he could not help much nor could we get the meaning of the term 'Liani' from any other source. We find that the expression 'Liani' is a common word which is either prefixed or suffixed to the name or it is used independently. Perhaps, it means "sweet" or "darling" or some other qualities. So, Siamliani is also 'Liani' and the complainant Lalliani is also 'Liani'. Mrs. Siamliani produced a manuscript which she had prepared while she was young, written by her as dictated by Lalzoua, the poet while he was alive. The manuscript was furnished to the accused R.L. Rina, who published it in the Mizo language, styled as "Fam Lalzoua Chanchin". The complainant alleges that in the book she has been described as the sweetheart of the great poet. She also claims that the poet claimed that he was the first lover or the first husband of 'Liani'. The book also narrates that when the poet had the prettiest girl in town as his sweetheart it generated inspiration in him to compose various love songs. They were hit songs. It is stated that when the poet was dreaming or swimming in the dream of love with her (his) sweetheart a compounder from the Army came and won the heart of his sweetheart. The poet was heart-broken, lovelorn and composed and sang love songs on the marriage of his 'sweetheart' with the Army compounder. It is stated in the book that he had written a letter to 'Liani' expressing his disappointment and regretting that she could choose the compounder as her partner and discarded the poor poet because of his poverty. It was also stated that once the poet went to Liani and lied on the bed, but he was rebuked by Liani stating that she was a married wife. The poet left the place and later died. What we find is that 'Liani' is a common word which could refer or mean any Mizo girl. We further find that Liani was also described as 'Lianngovi' in the booklet. The love-affairs between the poet and Liani (Lianngovi) was a matter of mid 40's. At the relevant time the writer of the biography Mrs. Siamliani was a kid and the accused-opposite party, R.L. Rina was about 3 or 4 years old. The opposite party was in the Burmese Army and returned back to Mizoram only a few years before the publication of the book. Admittedly, the opposite party had had no personal knowledge about the love story, as he was a child. Nowhere in the book 'Liani' or 'Lianngovi', the central lady, was referred as Lalliani and as such, no reasonable person could have drawn any inference that 'Liani' or 'Lianngovi' could be Lalliani, the complainant.

(3.) The petitioner-complainant lodged a complaint u/s. 500 of the Indian Penal Code in the Court of the District Magistrate, Aizawl, alleging inter alia, that she was the girl described as 'Liani' in the book, the lover of the poet, who claimed that she was his first sweetheart or lover. The imputations were defamatory and, as such, the accused were liable to be punished under the said section. The case was referred to the subordinate District Council Court. The court examined some witnesses including the husband of the complainant and held Mrs. Siamliani, the sister of the poet and the present opposite party, Shri R.L. Rina guilty u/s. 500 I.P.C. and sentenced Mrs. Siamliani to pay a fine of Rs. 500/- and sentenced Rina, the opposite party to pay a fine of Rs. 800/-. Mrs. Siamliani did not prefer any appeal but the present opposite party successfully appealed to the Court of the District Council. The appellate court held that the accused had not had the requisite criminal intention. The petitioner-complainant being aggrieved by the order of acquittal has presented this revision against the order of acquittal.