Karnataka HC sets aside acquittal of newspaper editor in defamation case, orders 6 months imprisonment

“On careful reading of the evidence of both oral and documentary on record, it appears that, the respondent has published the words or statements in his newspaper which cause or harm the reputation of the appellant. Making baseless allegations to defame the dignity of individual, certainly, would amount to defamation,” the court observed.

Brief facts

The high court passed the order while dealing with the plea filed by S N Suresh Babu, who was working as the circle inspector of police at K R police station in Mysuru at the time of the alleged offence.

Babu had arrested Gururaj in an earlier case and sent him to the court concerned. It was alleged that Gururaj, being annoyed about his arrest, intended to take vengeance against Babu. Gururaj allegedly published defamatory articles in the newspaper and made certain allegations against Babu, which “made him suffer in the eyes of family members and relatives and also public at large”.

Babu filed a complaint against Gururaj, and the trial court, after considering the evidence on record, acquitted Gururaj. Feeling aggrieved by the order of acquittal, Babu approached the high court.

The counsel appearing for Babu submitted that Gururaj had made baseless allegations of a defamatory nature. It was further submitted that the trial court failed to take note of the said facts and also failed to appreciate the evidence properly.

On the other hand, the counsel for Gururaj argued that a statement that causes public good cannot be considered a defamatory sentence.

The court noted that Gururaj had published defamatory words, stating that Babu was receiving bribes and allowing people to play the single-number lottery.

The court further noted that it was also published that Babu was receiving the amount illegally from parking agents by allowing them to park vehicles near Chamundi Hill. The court observed that the said statements published in the newspaper were denied, and no action was initiated by the higher authorities on the said issues.

“It is further elaborated in the said publication that, the appellant herein was allowing to run a club to play the playing cards, allowing to run prostitution and also sell the adulterated kerosene and play the single number lottery etc,” the court noted.

Thereafter, the high court held that the trial court had failed to appreciate the evidence properly.

The high court set aside the order of acquittal and convicted Gururaj under Sections 500 (defamation) and 501 (Printing or engraving matter known to be defamatory) of the Indian Penal Code, and sentenced him to six months of simple imprisonment.