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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. RACHAIAH
S.N. Suresh Babu, S/o Late Narasegowda – Appellant
Versus
T. Gururaj, S/o Thimmegowda – Respondent
| Table of Content |
|---|
| 1. appellant appeals against acquittal. (Para 1 , 2) |
| 2. appellant as police officer faces defamation. (Para 3 , 4) |
| 3. arguments presented by both parties. (Para 5 , 10) |
| 4. court reviews evidence presented. (Para 11 , 18) |
| 5. definition and explanations of defamation. (Para 12 , 13) |
| 6. exceptions to defamation discussed. (Para 14 , 15) |
| 7. court found trial court's findings flawed. (Para 20 , 21) |
JUDGMENT :
S. Rachaiah, J.
1. The appellant being the complainant, has preferred this appeal against the judgment of acquittal dated 30.09.2013 in C.C.No.1512/2007 on the file of the JMFC- III at Mysuru, wherein the respondent was acquitted for the offences punishable under Sections 500 and 501 of Indian Penal Code (for short “IPC”).
2. The ranking of the parties in the Trial Court, henceforth, will be considered as per their rankings in the Court for convenience.
Brief facts of the case :
3. The appellant is a police officer and he was working as the Circle Inspector of Police at K.R. Police Station at Mysuru. He was entrusted the work of executing the warrant against the respondent in C.C.No.265/2003. The appellant, as a part of his official duty, arrested the respondent / accused and s
A publication is defamatory if it harms an individual's reputation, and the burden shifts to the publisher to prove it was made in the public interest.
The court established that for a defamation claim under IPC Sections 499 and 500, the publication must lower the reputation of the complainant, and the truth of the statements must be proven in their....
A plaintiff must substantiate claims of defamation with specific allegations and evidence of reputational harm, which cannot be based merely on general assertions or unverified statements.
The court established that the intent to harm reputation is a key element of defamation under Section 499 of the IPC, and the burden of proving that an imputation falls within the Exceptions lies wit....
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