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Karnataka High Court Considers Appeal Against Acquittal in Defamation Case; Open Postcards Sent to Bank Manager Not Proved to be Read by Third Parties Despite Handwriting Expert Evidence.

High Court: Karnataka High Court Bench: BENGALURU
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2026-10-31 02:01:07
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Issue of Consideration

Whether the Appellate Court rightly acquitted the accused for the offence under Section 500 IPC on the ground that there was no evidence of publication of the defamatory matter contained in the alleged open postcards sent by the accused, and whether the acquittal was perverse and required interference.

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Case Details

2020 LawText (KAR) (11) 18

Criminal Appeal No.1141/2010

2020-11-11

H.P. Sandesh

P.P. Hegde (appellant), Sampath Anand Shetty (respondent)

Smt. Vijayalaxmi Shetty

Mr. Kochu Shetty

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Nature of Litigation

Criminal appeal against acquittal in a defamation case under Section 500 IPC.

Remedy Sought

The appellant/complainant sought to set aside the acquittal and restore the conviction and sentence imposed by the Trial Court.

Filing Reason

The complainant alleged that after dissolution of their marriage, the accused sent open postcards containing defamatory statements such as 'born prostitute' to her and her colleagues, thereby harming her reputation.

Previous Decisions

The Trial Court convicted the accused under Section 500 IPC and sentenced him to simple imprisonment for one year and a fine of Rs.5,000/-. The Appellate Court acquitted the accused on appeal.

Issues

Whether the Appellate Court erred in acquitting the accused for the offence under Section 500 IPC due to lack of proof of publication? Whether the sending of open postcards containing defamatory matter per se amounts to publication under Section 499 IPC? Whether the evidence of the handwriting expert and the hostile witness can be relied upon to prove publication?

Submissions/Arguments

The appellant argued that the accused sent open postcards to her office and bank manager, which were per se defamatory and constituted publication as they were read by colleagues; the handwriting expert confirmed the letters were in the accused's handwriting; the bank manager turned hostile, but that should not negate the publication; and the reputation of a person is a fundamental right requiring protection.

Judgment Excerpts

the accused had been writing open letters to the complainant containing per se defamatory matters to her residential address as well as official address, wherein the complainant was working and also addressing letters to her colleagues. P.W.3 who was working as Manager during the period in which the letters were addressed turned hostile. This appeal is filed challenging the judgment dated 03.09.2010 passed in Crl.A.No.367/2006 acquitting the accused for the offence punishable under Section 500 of the Indian Penal Code.

Procedural History

The complainant filed a complaint under Sections 500 and 504 IPC. The Trial Court convicted the accused under Section 500 IPC and acquitted under Section 504 IPC. The accused appealed to the Sessions Court, which allowed the appeal and acquitted the accused. The complainant then filed the present criminal appeal before the High Court under Section 378(4) Cr.P.C.

Acts & Sections

  • Indian Penal Code, 1860: 44, 499, 500, 504
  • Code of Criminal Procedure, 1973: 378(4)
  • Constitution of India: 21
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defamation publication open postcard per se defamatory reputation acquittal criminal appeal hostile witness handwriting expert

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