1. These two criminal appeals are directed against the order of acquittal passed by the learned Additional Sessions Judge of Trivandrum, Criminal Appeal 49 of 1961 is by the State and Criminal Appeal 33 of 1961 is filed by the complainant after obtaining special leave under S.417 [3] Cr. P.C.

2. The accused in the case Sri. R.K. Karanjia is the Editor and Publisher of a News Magazine called 'Blitz' published from Bombay. In the issue of the Magazine dated 11-7-1959 a photograph was published with a caption "Soldiers of the Goonda War wait in the compound of Bishop's Palace at Trivandrum for the church bells to toll, the signal for attack". The complainant Sri Chellappan Pillai, the Chief Correspondent of a Malayalam daily called'Malayala Rajyam' one of the persons in the photograph has filed the complaint alleging that the photograph with the false caption was published with intent to harm his reputation and to lower him in the estimate of others.

3. On 15-6-59 Pw.1 and some other Press representatives of Trivandrum along with Pw. 2 the Director of Public Relations visited the premises of St. Joseph's High School, a school under the management of the Archbishop of Trivand