2012 Supreme(Mad) 2914
High Court of Judicature at Madras
S. PALANIVELU, J.
Doveton-Corrie Protestant, Schools Association Represented by its President H.E. Wilkins
Versus
Prof. Geoffery K. Francis
Crl.A.Nos.840 & 841 of 2004 & Crl RC Nos.153 & 154 of 2007
Decided On : 10-07-2012
Advocate Appeared:
For the Appellant:N.D. Bahety, Advocate.
For the Respondent:Adrian D. Rozario, Advocate.
Headnote:A. INDIAN EVIDENCE ACT, 1873 - SECTION 63, 65 - Xerox copy of document - Reliability by Court - Held, xerox copy is not reliable in evidence It is a secondary evidence and could not be acted upon 2004-4-CTC 19 relied on
B. INDIAN PENAL CODE, 1860 - SECTION 499 and 500 - Defamation, Proof - Held, in order to avail the benefit of exceptions, it must be proved by the accused that the imputations was made for public good. - Accused did not act in good faith and his accusation is not for the public good nor it was not in protection of the interests of the accused. - It is the duty of the accused to show and establish that his act would come within the exceptions as contained in Section 499 IPC. It is enough if communication was made to atleast one person other than person defamed and under Section 499 IPC, Proof of actual harm not necessary if words are prima facie defamatory. Observations by Delhi High Court and Patna High Court, confirmed - Further Held, Court could not find out any materials of intimidation attracting the ingredients u/s. 503 IPC. - Accused is not liable to be punished under Section 503 IPC for alleged intimidation.
1 [A] The complainant is an Association registered under the Tamil Nadu Societies Registration Act and governing body running, managing and administrating the schools and properties of the trust of Doveton Institution at Ritherdon Road, Vepery, Chennai – 600 007 and that these schools and institutions are one of the premier, renown, reputed and respected schools and institutions of the City of Chennai and especially in the area of Vepe ry in Chennai, that the accused is the Ex.M.L.A. (nominated) of Tamil Nadu, the President of the Friends-In-Need Society in No.29, Poonamallee High Road, Chennai – 600 003, the President-in-Chief of The Anglo-Indian Association of Southern India and alleged Member of the State Board of Anglo Indian Education, Member of the Senate of the Madras University and a Self-styled recognized educationist of 27 years standing, that the accused is in no way connected with the complainant and is also not a member of its Association.
1[B] Right from 1997 onwards the accused has, besides others been deliberately defaming the complainant by lodging one complaint after another against the complainant, especially regarding the collection of massive donations, amassing of unaccounted money, misappropriation, corruption of its Board members, various irregularities, etc., that as against these false and fraudulent accusations, the complainant has already filed C.S.No.375 of 2001 in the High Court of Madras for declaration and injunction, and also C.C.No.9370 of 2011 for defamation, etc. on the file of the Learned II Metropolitan Magistrates' Court at Egmore, Chennai, both of which are still pending, that in spite of the pendency of these legal proceedings, the accused has once again defamed the complainant by his letter dt.22.11.2001 written to the Inspector of Anglo-Indian Schools with copies thereof marked to various other statutory authorities and others including the complainant, inter alia once again defamatorily falsely alleging and accusing that the complainant is unauthorisedly collecting funds, compelling students to donate, etc. which even to the knowledge of the accused are totally false, without ay basis or supported by any iota of proof or substance, that this has been resorted to by the accused without any official authority or authorisation whatsoever from any Board or Committee, and also without any locus standi whatsoever, that as a result of this, the accused has been put to gross harm, damage and humiliation thereby per se defamng the complainant and causing damage and disrepute to its fair name and reputation not only with the Government bodies and authorities but also in and with the parents and the public at large, with the MLA and others enquiring into the matter, though finding no basis and substance in the said complaint of the accused, that the accused has for the second time once again committed the offence punishable under Section 500 of IPC per se defaming the complainant Section 503 of criminal intimidation and Section 505(2) Statements creating or promoting enmity, hatred or ill-will between classes, etc. and hence, the complaint is filed.
2. Following are the allegations contained in the complaint laid by the complainant, namely School Association (in C.C.No.9370 of 2002) -
2[A] Apart from the allegations contained in the complainant laid by the complainant in C.C.No.7469 of 2002, it is also alleged that the complaints have been lodged with the Government of Tamil Nadu, the Director of School Education, the Inspector of Anglo-Indian Schools, the Income Tax Department, the Registrar of Societies to and with the press, public platforms, nominated Anglo-Indian Member of Parliament, nominated Anglo-Indian MLA of Tamil Nadu, etc., though after due inquiry, personal inspection and verification of the records of the complainant, by the orders of the Court, that all these allegations and accusations have been proved to be false, fraudulent, futile and naught.
2[B] Considering th