A public speech made by the petitioner herein is the subject matter of a prosecution against him under Section 500 IPC. A long standing dispute between him and the complainant is still live. The complainant is the Headmistress of a school run by the petitioner herein. When disputes regarding service cropped up, and the relationship between the parties strained, there occurred an unfortunate incident. The complainant's husband, who is also a teacher in the said school, was involved in a major motor accident in which he sustained very severe injuries. Allegations and counter allegations came in connection with the said motor accident, and it was even alleged that the petitioner herein and his men were behind the said motor accident, or that they designed such an accident. When the dispute was live, the petitioner herein made a public speech against the complainant and her husband. It is alleged that the said speech contained defamatory materials against the complainant. She, accordingly, made a complaint before the learned Judicial First Class Magistrate-I, Kottarakkara. After conducting due enquiry under Sections 200 and 202 Cr.P.C., the learned Magistrate took cognizance as C.C.No.480/2013. The petitioner now seeks orders quashing the said prosecution on various grounds. The main grounds on which he seeks relief are:

a) The speech made by him does not refer to the complainant.

b) The speech does not contain anything defamatory.

c) The complainant and the witnesses examined on her side in the court below under Section 202 Cr.P.C. are not consistent regarding the date of speech.

d) The petitioner made such speech in good faith.

2. Now, let me examine whether the prosecution can be quashed on any of the grounds urged by the petitioner.

3. Section 499 IPC defines defamation. Explanation 4 to Section 499 IPC will show that any imputation which lowers the moral or intellectual character of the victim, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, will come under the defamation. Thus, the definition of defamation under Section 499 IPC is very wide. Any act done or speech made or words spoken or even some gesture or sign or visible representation made against a person with the object of lowering the person's credit or character or dignity will attract a prosecution under Section 500 IPC. In this case, it is alleged that the speech made by the petitioner has very much affected the character, dignity and credibility of the complainant morally and otherwise. It requires to be examined whether the said speech will have the effect of defaming the complainant in any manner, or lowering her down in the estimation of others, or lowering her moral character or credit or dignity. I find that this is a matter to be looked into by the trial court.

4. Prosecution under Section 500 IPC is an area where some burden of proof is put on accused also. This is an area where the accused can plead the benefit of some exceptions enumerated under Section 499 IPC. Pleading the benefit of any of the exceptions cannot be simply a defence to the prosecution. Plea of such benefit must be adjudicated as part of the trial process. The court trying the offence under Section 500 IPC can come to a finding in favour of the complainant only after excluding any possible benefit of any of the exceptions enumerated under Section 499 IPC. In this case, the petitioner pleads the benefit of good faith. It is a matter which will have to be examined by the trial court.

5. Let me now answer the different grounds urged by the complainant. One is that the speech made by him does not refer to the complainant. The reply notice sent by him to the notice caused by the complainant is produced in court. This shows that the petitioner would practically admit the speech made in public. He made such a speech when the dispute between him and the complainant was very much live even on printed and visual media. The specif