BAI SHANTA Vs. UMRAO AMIR MALEK

JUDGEMENT

(1.) The petitioner Bai Shanta, a married Brahmin woman, residing at Umreth, made a complaint against one Umrao Amir in the Court of the Second Class Magistrate, Thasra, under Section 354, Indian Penal Code, for assaulting her with intent to outrage her modesty. The accused Umrao, when examined by the Magistrate under Section 342, Criminal Procedure Code, put in a written statement, alleging that he had connexion (i.e., immoral relations) with Bai Shanta for about a year and a half. He cited witnesses, who supported this allegation in their evidence in Court. The Magistrate disbelieved the defence and convicted Umrao, sentencing him to pay a line of Rs. 151. Thereupon Bai Shanta brought a complaint in the Court of the Resident First Class Magistrate, Nadiad, against Umrao (Opponent No. 1), his four witnesses in the previous criminal case (Opponents Nos. 2, 3, 5 and 6) and Opponent No. 4, a neighbour of Umrao, under Secs.500 and 506, Indian Penal Code, i.e. for defamation and criminal intimidation. She alleges that, while the case was pending, they threatened that, unless she withdrew the complaint, they would make a charge against her that would seriously prejudice her reputation; and that as she did not comply, they contrived to defame her in the manner already mentioned. She says her reputation has grievously suffered, people laugh at her, and she fears that, until she is re-habilitated by proceedings against the accused for defamation, her husband will not resume marital relations with her.

(2.) The First Class Magistrate, after issuing notice to the opponents in regard to the charge under Section 500, Indian Penal Code, dismissed her complaint under Section 203, Criminal Procedure Code, holding that Umrao was protected by Exception 9 to Section 499, Indian Penal Code, and the witnesses had made relevant statements, which were protected under the view taken by some of the High Courts.

(3.) On revision, the Additional Sessions Judge refused to interfere with the order of the Magistrate dismissing the complaint under Section 500, Indian Penal Code, but directed him to dispose of the complaint under Section 506, Indian Penal Cede, according to law.