IMPORTANT POINT
The publication of defamatory material without a reasonable excuse constitutes an offence under Section 501 IPC, and the intent to harm the reputation of an individual is a critical element in establishing defamation.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. Present Criminal Revision is directed against the Judgment dated 03.01.2015 passed by learned Additional Sessions Judge III, Hazaribag in Criminal Appeal No. 156 of 2009 whereby and whereunder the learned Appellate Court has dismissed the appeal and affirmed the Judgment of conviction and order of sentence dated 15.09.2009 passed by learned Judicial Magistrate First Class, Hazaribag in Complaint Case No. 162/99 whereby the petitioner was held guilty for the offence under Section 501 IPC and sentenced to undergo Simple Imprisonment of two years along with fine of Rs. 500 with default stipulation.

3. Factual matrix giving rise to this Revision in a narrow compass is that complainant is an old lady and belongs to highly reputed family. Her husband was employee in DVC and posted at Chandrapura, Bokaro. It is alleged that she has constructed a house in Subhash Nagar and living there alongwith family members since 1997. During the construction of the said house few local persons tried to disturb and wanted rangdari tax in the name of road and electricity. It is further alleged that on one fine morning the complainant was going through the “Hazaribag Times” dated 24-30th January, 1999 and came to know that in the last page of the paper news column containing her name with an allegation as follows:-

,d fo/kok efgyk yfyrk nsoh us iqjs eksgYys ij mldks ijs'kku djus dk vkjksi yxkrs gq, iqfyl ç'kklu ls enn dh xqgkj yxkà lkFk gh mlus iqfyl inkf/kdkjh ij i{kikr dk vkjksi yxk;kA

Further, after some lines, it was mentioned: ^^bl ckcr gt+kjhckx Vkmu dh Vhe us ml eksgYys dk losZ{k.k fd;kA ml efgyk ij nks"kkjksi.k djrs gq, mldh gjdrksa dks lafnX/k crk;k lkFk gh mlds vkpj.k ij Hkh NhaVkd'kh dhA tgk¡ jkr ढys dà yksxksa dk vkuk tkuk yxk jgrk gSA**

4. Complainant has raised serious objection against above portion of the news item which lower down the prestige of a highly reputed women in the eyes of the people of the locality as well as general persons and the relatives of the complainant. This news published in "Hazaribagh Times" was intended to insult her publicity by using and printing the words like “mlds vkpj.k ij Hkh NhaVkd'kh dh tgk¡ jkr ढys yksxksa dk vkuk tkuk yxk jgrk gSA”

5. Above words also reflect imputation against the chastity of the complainant. The above news item was read by several persons including the family members of the complainant and entire family felt ashamed. Complainant was compelled to remain in seclusion in her house due to fear of society as a consequence of aforesaid defamatory words.

6. After conducting enquiry the learned trial court found sufficient materials prima-facie constituting offence under Section 501 IPC and summoned the accused petitioner, who happens to be the Editor of “Hazaribag Times”, who appeared and claimed to be tried.

7. At the trial, in order to substantiate the charge leveled against the accused, altogether three witnesses were examined by the complainant including herself and documentary evidences were also filed including the “Hazaribag Times” paper 26-28th December, 1998 and 24-30th January 1999 (Exhibit 2 & 2/I).

8. On the other hand no oral or documentary evidence was adduced by the defence nor any specific plea, except being innocent and the news materials were nor printed with intention to defame the complainant, has been taken in the statement under Section 313 Cr.P.C. by the defence.

9. The learned trial court after evaluating the oral as well as documentary evidence available on record and particularly the contents of newspaper item containing imputation against the character and chastity of the complainant, who is a reputed lady of the locality and there was no reasonable excuse to the accused for publishing such defamatory news item, arrived at conclusion that petitioner is guilty for the offence under Section 501 IPC and sentence