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HEMANT M. PRACHCHHAK
Rahul Gandhi – Appellant
Versus
Purnesh Ishwerbhai Modi – Respondent
| Table of Content |
|---|
| 1. criminal complaint filed for defamation due to speech. (Para 1 , 2) |
| 2. arguments against the conviction and how due process was allegedly compromised. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court observations on the necessity for evidence and the implications of public figures' claims. (Para 15 , 24 , 35 , 38 , 39 , 54) |
| 4. importance of the right to reputation and balancing it against free speech. (Para 41 , 42 , 43 , 56 , 62) |
JUDGMENT :
1. The petitioner herein has filed the present criminal revision application under Section 397 read with Section 401 of the CRIMINAL PROCEDURE CODE , 1973 (hereinafter be referred to as ‘the Code’) for quashing and setting aside the impugned order dated 20.04.2023 passed below application at Exhibit 5 by the learned 8th Additional Sessions Judge, Surat in Criminal Appeal No.254 of 2023 and to stay the order of conviction against the appellant dated 23.03.2023 passed by the learned Chief Judicial Magistrate, Surat in Criminal Case 18712/2019.
2. Brief facts of the present case are in nutshell as under:-
2.1 It is alleged that the petition
(1) Defamation – ”BJP” is a determinate and identifiable body and complaint for defamation under Section 500 IPC is maintainable.(2) Defamation – Right of a person against whom offence of defamation ....
Statements made without evidence that harm a public official's reputation can constitute defamation under IPC, justifying criminal proceedings.
The court held that a news report published in good faith, including the complainant's version, does not constitute defamation under IPC Sections 499-501.
The central legal point established in the judgment is that the accused persons were entitled to the benefit of exception 1 to 9 of Section 499 of the Indian Penal Code, as the imputation was made in....
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