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Yysuf Beg Sahib and ors. Vs. Maliq Mahomed Syed Sahib - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1927Mad397
AppellantYysuf Beg Sahib and ors.
RespondentMaliq Mahomed Syed Sahib
Excerpt:
- .....are advanced.(1) there is no sufficient evidence of the fact. p. w. 1 swears to it and is corroborated.(2) all the accused should, not have been charged with making the statement. p. w. 1 swore that they all made it and if they wished to question that statement they had their opportunity in cross-examination.(3) it is not defamatory to say that a mahomadan is outcasted, and only hindus are privileged under section 499, expl. (4). it is defamatory to say without cause, that anyone is excommunicated. the fact that all mahomodans are generally speaking of one caste does not make it any the less defamatory and the word 'caste' is not entirely confined to hindus. it refers to any class who keep themselves socially distinct or inherit exclusive privileges.2. the petitions are dismissed.
Judgment:
ORDER

Jackson, J.

1. The petitioners have each been fined rupees twenty-five (Rs. 25) under Section 500 of the Indian Penal Code for defamation by telling a Mohomdan's co-religionists who were coming to the wedding of D. W. l's daughter that he was outcasted. Three grounds, are advanced.

(1) There is no sufficient evidence of the fact. P. W. 1 swears to it and is corroborated.

(2) All the accused should, not have been charged with making the statement. P. W. 1 swore that they all made it and if they wished to question that statement they had their opportunity in cross-examination.

(3) It is not defamatory to say that a Mahomadan is outcasted, and only Hindus are privileged under Section 499, Expl. (4). It is defamatory to say without cause, that anyone is excommunicated. The fact that all Mahomodans are generally speaking of one caste does not make it any the less defamatory and the word 'caste' is not entirely confined to Hindus. It refers to any class who keep themselves socially distinct or inherit exclusive privileges.

2. The petitions are dismissed.


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