JUDGMENT

Padmanabhan, J. - Complainant is the appellant. He was the Volley Ball Coach of Calicut University. First accused Pradeep Menon was the. Chairman, Calicut University Union and the second accused Joseph was the General Secretary of the Kerala Students Union. Third accused p. V. Chandran is the Printer and Publisher of Mathrubhoomi Daily. Prosecution was for offences under Ss 500 and 501(a) of the Indian Penal Code. It was in connection with a news item that came in the front page of the issue of Mathrubhoomi dated 30.9.1982 making certain defamatory imputations against the appellant and suggesting that he may be suspended The news item was published as if it came from accused 1 and 2. The imputation is that the appellant misused his official position in attempting to secure admission for his daughter for the second group to the Pre-degree course in the Providence Women's College, Calicut under sports quota by producing bogus certificates. The Magistrate acquitted the accused on the finding that the publication is justified under exception 9 to S. 499 of the Indian Penal Code.

2. The authorship of the publication is owned by accused 1 and 2 and its publication is admitted by