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Woolfun Bibi Vs. Jesarat Sheikh and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1900)ILR27Cal262
AppellantWoolfun Bibi
RespondentJesarat Sheikh and anr.
Excerpt:
defamation - statements made by persons in the course of their evidence as witnesses in court of justice--relevancy of statements to issue in case--penal code (act xlv of 1860), section 500. - sale and stanley, jj.1. it is clear that the statements alleged to be defamatory were made by the accused in the course of their evidence as witnesses in a court of justice, for these statements were relevant to the issue in the case under enquiry. under these circumstances, upon the authorities cited by the officiating sessions judge, we think that the accused cannot be prosecuted for defamation in respect of these statements, and that the conviction and sentence must be set aside, the fine, if paid, to be refunded.
Judgment:

Sale and Stanley, JJ.

1. It is clear that the statements alleged to be defamatory were made by the accused in the course of their evidence as witnesses in a Court of Justice, for these statements were relevant to the issue in the case under enquiry. Under these circumstances, upon the authorities cited by the Officiating Sessions Judge, we think that the accused cannot be prosecuted for defamation in respect of these statements, and that the conviction and sentence must be set aside, the fine, if paid, to be refunded.


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