The main legal point established in the judgment is the necessity of specific defamatory statements in a complaint, the requirement to prove intention, knowledge, or reasonable belief on the part of the accused regarding the possible harm to reputation, and the importance of due care by the press before publishing potentially defamatory statements.

Headnote:
Defamation - Complaint Defect - Indian Penal Code, Section 500, Section 501 - The court discussed the necessity of specific defamatory statements in a complaint and the requirement to disclose the allegations affecting the reputation of the complainant and her daughter. It emphasized the importance of proving intention, knowledge, or reasonable belief on the part of the accused regarding the possible harm to reputation. The court also highlighted the power of the press in influencing public opinion and the need for due care before publishing potentially defamatory statements. The judgment referenced legal provisions under the Indian Penal Code and discussed their interpretation in the context of the case.
Fact of the Case:

The complainant filed a private complaint for offences punishable under Sections 500 and 501 of the Indian Penal Code, alleging defamatory publications in a daily newspaper. The accused, the Editor, Printer, and Publisher of the newspaper, was acquitted by the Chief Judicial Magistrate due to the absence of specific defamatory statements in the complaint and lack of proof of the complainant's reputation.
Finding of the Court:

The court found that the complaint did not disclose a cause of action as it lacked specific defamatory statements and failed to prove the reputation of the complainant and her daughter. It emphasized the importance of proving intention, knowledge, or reasonable belief on the part of the accused regarding the possible harm to reputation.
Issues: The main issue was whether the complaint was fatally defective due to the absence of specific defamatory statements and the lack of proof of the complainant's reputation.
Ratio Decidendi: The court held that the complaint in a defamation case must include specific defamatory statements and emphasized the need to prove intention, knowledge, or reasonable belief on the part of the accused regarding the possible harm to reputation. It also highlighted the importance of due care by the press before publishing potentially defamatory statements.
Final Decision: The court dismissed the appeal, affirming the acquittal of the accused, and held that the learned Chief Judicial Magistrate was right in finding that a case had not been made out against the accused-respondent.

Judgment :-

The appeal is by the complainant in C.C. No. 613 of 1977 on the file of the Chief Judicial Magistrate, Ernakulam and it is directed against the judgment dt. 30-5-1980 dismissing the private complaint filed for offences punishable under Ss. 500 and 501 of the Indian Penal Code. The respondent-accused is the Editor, Printer and Publisher of a daily newspaper by name "Geetha", published from Ernakulam. Exts. P1, P2 and P3 are respectively the publications made by him in the issues of his paper dt. 2-1-1977, 10-4-1977 and 21-8-1977. The complainant's case is that these publications are defamatory to her and her daughter, in having openly attacked their conduct especially morality. The learned Chief Judicial Magistrate acquitted the accused.

2. The main question arising in this appeal is whether the complaint is fatally defective inasmuch as it has not disclosed the allegations which specifically constituted the imputations affecting the reputation of the complainant and her daughter.

3. Exts. P1 to P4 were marked on the side of the complainant. Of them Exts. P1 to P3 are the impugned publications and Ext. P4 is a postal receipt for having issued notice to the accused. Pws. 1 to 5 are the witnesses of whom P.W.. 1 is the complainant. P.Ws. 2 to 5 were examined to prove that by reading Exts. P1 to P3, the complainant and her daughter were lowered in their estimation. The defence documents are Exts. D1 and D2 and D2(a). Exts. D2 and D2(a) are the postal receipts. Ext. D1 is a mass petition addressed to the Deputy Superintendent of Police. It contains several allegations against the complainant and her daughter. DWs. 1 and 2 are signatories to Ext. D1. They have spoken to the allegations in Ext. D1 as well as the alleged bad character, antecedents and reputation of the complainant and her daughter. A copy of Ext. D1 was sent to the accused and it is said to be the basis of the impugned publications.

4. The Chief Judicial Magistrate seems to have acquitted the accused mainly on two grounds :

(i) The complaint is conspicuous by the absence of the specific defamatory statements and as such it did not disclose a cause of action; and

(ii) No neighbour was examined to prove the reputation of the complainant and her daughter and P.Ws. 2 to 5 are not persons of the locality competent to prove the reputation of the complainant and her daughter.

5. It is true that P.Ws. 2 to 5 are residing at some distance. Some of them are not having personal acquaintance with the character, antecedents and reputation of the above said persons. Some others are interested persons. Therefore, it may not be incorrect if it is found that the reputation, if any, of the complainant and her daughter is not proved by examining these witnesses. But in a complaint for defamation, it is not necessary for the complainant to prove his or her reputation. P.Ws. 2 to 4 have read the publications and they said that by reading them the complainant and her daughter were lowered in their estimation.

6. It is not necessary to prove that the complainant directly or indirectly suffered from the scandalous imputations. Proof of intention, knowledge or reasonable belief on the part of the accused regarding the possible harm to reputation is sufficient. Whether harm was actually caused or not is immaterial. Even the intention to cause harm to the reputation is not a necessary factor to be proved. It is enough, if it is shown that the accused had reason to believe that the imputations are likely to harm the reputation.

7. Exts. P1 to P3 contained reckless imputations which are likely to affect the reputation of the complainant and her daughter and capable of lowering them in the estimation of others. They were published in a daily newspaper. Their morality and reputation were openly challenged. They were even depicted as prostitutes extending uncultured behaviour to the society. The complainant and her daughter were described as prostitutes engaging brokers. Another allegati

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Judicial Analysis