1988 Supreme(Raj) 737
RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.B.Sharma, J.
Shyam Narain Maurya - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cr. Appeal No. 140 of 1977.
Decided On : 1-09-1988
Advocates:
For the Appellant:B.L Pagaria, Advocate.
For the Respondent: L.K. Sharma, P.P.
The burden of proof is on the accused to prove that the publication was made in good faith for the public good.
Headnote:
DEFAMATION - PUBLICATION OF FALSE AND MALICIOUS IMPUTATIONS - DEFENCE OF TRUTH AND PUBLIC GOOD - BURDEN OF PROOF - SENTENCE.
Fact of the Case:
The accused, a newspaper editor and publisher, was convicted of defamation for publishing false and malicious imputations against a public servant. The accused claimed that the publication was made in good faith for the public good, but the court found that he had failed to discharge the burden of proof.
Finding of the Court:
The court held that the publication of the news item amounted to defamation as defined in Section 499 of the Indian Penal Code. The court also held that the accused had failed to discharge the burden of proof to prove that the exception of good faith for the public good applied in this case.
Issues: Whether the publication of the news item amounted to defamation.
Ratio Decidendi: The court held that the publication of the news item amounted to defamation because it was false and malicious and was intended to harm the reputation of the public servant. The court also held that the accused had failed to discharge the burden of proof to prove that the exception of good faith for the public good applied in this case.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the accused.
JUDGMENT
1. - Accused Shyam Narain Maurya has filed this appeal against the judgment dated March 21, 1977 of the learned Sessions Judge, Alwar convicting the accused appellant under Sections 500 and 501 I.P.C. and sentencing the accused-appellant separately under each count to undergo six months' imprisonment and to pay a fine of Rs. 500/-. In case of each default of payment of fine to further suffer two months' simple imprisonment.
2. It may be stated that arguments were re-heard and the learned counsel for the appellant was asked to give arguments in writing, which too have been considered.
3. The case started against the accused-appellant in the Court of Sessions Judge, Alwar on the complaint filed by Shri Kripa Dayal Mathur, the then Public Prosecutor. Alwar under Sections 500, 501 and 502 of the Indian Penal Code. The said complaint was filed on October 17, 1973 by the Public Prosecutor under Section 198B(3)(c) of Code of Criminal Procedure, 1898. The State Government through the commissioner for Home Affairs and Secretary to the Government, Shri Ram Singh. had accorded sanction of prosecution of the appellant who is the Editor, Publisher and Printer of the weekly news paper 'Vishva Vijay'.
4. The accused-appellant Shyam Narain Maurya is and was the Publisher, Editor and Printer of the weekly news paper, 'Vishva Vijay' which was published from Jaipur and the paper had also its office at 164, Dhobipada, Alwar, In the month of April, 1973 Shri Chandra Prakash PW 4 was the Collector and District Magistrate, Alwar and he was also the Chairman of the Urban Improvement Trust. Alwar in his official capacity. In the 41st issue dated April 18, 1973 the accused-appellant published and printed at Jaipur false and malicious imputation concerning Shri Chandra Prakash I.A.S., the then Collector and District Magistrate. Alwar for acts done by him in the discharge of his duties as public servant and the said publication and printing was done for the purpose of defaming Shri Chandra Prakash in the discharge of his official duties. An item under the caption in Hindi, Alwar Ki Janta Ko Aantakit Kar Lakhon Rupaye Ki Rishwat Khane Wale Jiladhish Chandraprakash Ke Kale Karname ?" was published in the aforesaid 41st issue dated April 18, 1973, against which Shri Chandra Prakash, the then Collector and District Magistrate, Alwar moved the State Government for taking action against the accused-appellant Publisher, Printer and Editor of the news paper weekly 'Vishva' Vijay. The matter was examined by the Government and under Ex P/1 dated October 15, 1973 in exercise of powers conferred under Section 1988, Cr. P.C. (Act No. V. of 1898) the State Government accorded the sanction for prosecution of Shyam Narain Maurya, Editor, Publisher and Printer of weekly new, paper Vishva Vijay' for offences under Section 500/501 & 502 I.P.C. and also authorised the Pubic Prosecutor, Alwar under Section 198B (3) (c) Cr. P.C. to file complaint against the accused-appellant in the Court of Sessions Judge, Alwar and to conduct the same on behalf of the State Government. As already stated earlier, the Public Prosecutor filed the complaint on October 17, 1973 in the Court of Sessions Judge Alwar. The Sessions Judge tried the accused. On behalf of the prosecution as many as four witnesses were examined and thereafter the accused was examined under Section 313 Cr. P. C to explain the circumstances appearing against him in the evidence of prosecution witnesses. The accused did not dispute that 'sanction for his prosecution had been given by the State Government under Section 198B, Cr. P.C., 1898 to the Public Prosecutor, but took a plea that the sanction was not given by competent authority. The accused did not dispute that he was the Publisher Printer and Editor of the Hindi weekly in question. He did not dispute that he had published the news item in his Hindi weekly dated April 18, 1973, but said that whatever was published by him was correct and had been published in pu
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