SIKKIM SOCIAL EMPOWERMENT ASSOCIATION Vs. ANJAN UPADHYAYA

JUDGEMENT

(1.) This Appeal is filed under Sub-Section (4) of Section 378 of the Code of Criminal Procedure, 1973 (in short the "Cr.P.C.) assailing the impugned judgment dated 20-06-2013 of the Sessions Judge, Special Division I, Sikkim at Gangtok (hereinafter referred to as the 'First Appellate Court') in Criminal Appeal No.10 of 2011 which had set aside the conviction and sentence passed by the Judicial Magistrate, East Sikkim at Gangtok (hereinafter referred to as the 'Trial Court') against the Respondent No.1 in Private Complaint Case No.19 of 2008 for offence under Section 153B of the Indian Penal Code, 1860 (in short the "IPC") on a complaint lodged by the Appellant.

(2.) In the original complaint, it had been alleged that the Respondent No.1 who is the Editor and Publisher of local dailies, namely, 'Hamro Prajashakti' in Nepali and 'Himalayan Mirror' in English had indulged in publishing various offending news articles which tended to promote feelings of enmity or hatred or ill-will between Sikkimese and non-Sikkimese people. There were two specific articles referred to in the Complaint, one of which was a news article published in its issue of 15-05-2007 and the other on 24-04-2008. We are at present concerned only with one published on 24- 04-2008 as the other one was not found to be incriminating by the Trial Court, a finding which remained unchallenged.

(3.) In the Nepali newspaper, 'Hamro Prajashakti' in its issue dated 24-04-2008, an article titled "Aaj Dharamshalama Tala Lagayo Bholee Rangpoko Gatema Tala Lagauncha Dhikkar Cha Aaphno Matoma Aurulai Dharamshala Banauna Dineharulai" was published which as per the Appellant was likely to cause disharmony and feelings of enmity, hatred or ill-will between two communities in Sikkim. It is further alleged that the offending article is prejudicial to public order and public security and is a direct attack on a Government established by law.