K C MADHAVAN EMBRANTHIRI Vs. M M THOMAS

JUDGEMENT

(1.) The appellant is the complainant in C.C.No.58/1994 on the file of the Judicial Magistrate of the 1st Class-II, Hosdurg. A complaint filed by him alleging an offence punishable under S.500 I.P.C. against the respondents did not succeed and they were acquitted. Hence this appeal.

(2.) The respondents are Printer and Publisher of an Evening Daily named "Jenmadeshom'. In its issue dated 22.12.1993, a news item that the appellant/ complainant, a teacher in an aided school, has been transferred as he had misbehaved to a girl student of 7th standard was published. According to the appellant, this is defamatory and belittled him among the students and his colleagues. Therefore, the respondents committed an offence punishable under S.500 IPC.

(3.) The complaint was contested by the 2nd respondent who admitted before the Court below that he was the Editor in Charge of Jenmadeshom Evening Daily and that he had published Ext. P1 issue dated 22.12.93 of the said daily. It has also come out in evidence that Ext. P1(a) is the relevant news item in Ext. P1 Daily. It was to the effect that the appellant, Sri. K.C. Madhavan Embranthiri, a teacher in Nileshwar Raja's High School, has been transferred to another school and that the reason for the said transfer was his misbehaviour to a girl student studying in the 7th standard. It was also stated in the ultimate paragraph that the incident occurred on the Thursday last while the class was going on in the 7th standard.Ext. P1 is of a Wednesday on 22.12.1993, then the last Thursday was 16.12.1993, when the misbehaviour on the part of the complainant as alleged in the said report has occurred. It has also been proved and found by the Court below that the news item in question would harm the reputation of the complainant.