dash publishing can harm people's reputation
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1. These two criminal appeals are aireded against the order of acquittal ptassed 'by the learned Additional Sessions Judige of Trivandrurn, Criminal Appeal 49 of 1961 is by the Sato and Criminal Appeal 33 of 1961 is filed by the complainant after obtaining special leave Under Section 417 (3) Cr.PC
2. The accused in the case Sri. R. K. Kararijia is the Editor and Publisher of a News Magazine called 'Bliz' published from Bombay. In the issue of the Magazine dated 11-7-1959 a photograph was published with a caption "Soldiers of the Goonda War wait in the compound of Bishop's Palace fit Trivandrum for the church bells be toll,, the signal for attack". The complainant Sri Chellappan Pillai, the Chief Correspondent of a Malayalam daily called 'Malayalam Rajyam' one of '.he persons in the photograph has filed the complaint alleging that the photograph with the false caption was. published with intent to harm his reputation and to lower him in the estimate of others.
3. On 15-6-59 Pw. 1 and some other Press representatives of Trivandrum along with Pw. 2 the Director of Public Relations visited the premises of St. Joseph's High School, a school under the management of the Archbishop of Trivandrum. This school was not re-opened on the 15th June as a protest against be Kerala Education Act. The school was heavily someday by a crowd of people who were opposed to the 'Vimochana Samaram' or the Liberation Struggle as people called it, a movement started against the Communist rule in Kerala. Pw. 3 the Official photographer took a photograph of the school which the local Press representatives including ''he complainant and "races of stones having been thrown at the school by the hostile crowd.
4. The prosecution case is that the accused who was actively supporting the Communist Ministry got a copy of this photograph with the intention of harming the reputation of the group vi Press representatives including the complainant who were supporters of the Liberation Movement, (printed and' published it in his News Magazine with a false caption to mislead the public and to defame the complainant and others, Pw. 2 the Director of Public Relations who got a copy of the paper saw the photograph with a false caption and wrote to the accused drawing his attention to %e wrong caption. Correction was not made, Pw. 1, therefore, filed the complain. On the evidence the learned Magistrate found that the photograph with the liaise caption was per se defamatory, that it was published with intention of defaming the complainant and others in the photograph and round the accused guilty of offences Under Sections 500 and 501 of the Penal Code.
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