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1987 Supreme(Ker) 52

SANKARAN NAIR
SUBAIR – Appellant
Versus
SUDHAKARAN – Respondent


Judgment :-

1. The courts below concurrently found the petitioner guilty of the offence punishable under S, 501 IPC and sentenced him to pay a fine of Rs. 300/-, in default to undergo simple imprisonment for 3 months. The petitioner is the Editor, Printer and Publisher of a daily, 'A1 Ameen'. The issue of the news payer dated 25-8-78 carried a report from Chokly (Ext. P1(a)), that a young lady of the locality consulted a local medical practitioner for an ailment of her child, and that the physician wanted to examine her. Despite her protestations that she was in no need for medical attention, and had no money to pay for the same, she was persuaded to submit to a clinical examination. It turned to be such, that the woman had to flee from the physician to save her honour. The report goes on to say, that the medical practitioner, who was rendering free treatment on Saturdays had a weakness for comely woman and that as a result of his attentions, a woman patient was put to the necessity of an abortion. The complainant, P. W.1 avers that the reference though veiled, is unmistakably to him, and that the readers of Ext. P1 (a) thought so. He says, his portrayal as a lecherous person, lowe


















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