SUKRA MAHTO versus BASDEO KUMAR MAHTO & ANR.

SUKRA MAHTO versus BASDEO KUMAR MAHTO & ANR.

The appellant failed to establish good faith or due care before making the defamatory imputation about the respondents. No evidence was led that any enquiry was made or that the statements were necessary for protection of the appellant's interest. The requirements of Ninth Exception to section 499 IPC were not fulfilled; thus, the conviction under section 500 IPC was proper.

Parties
Appellant: Sukra Mahto; Respondent No. 1: Basdeo Kumar Mahto; Respondent No. 2: Sahdeo Mahto
Jurisdiction
India
Judgment Date
02 April 1971
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Patna High Court Judgment in Criminal Revision
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Defamation, Indian Penal Code Section 499 Ninth Exception, Good Faith in Criminal Defamation, Elements of Good Faith
Criminal Law Defamation Indian Penal Code Section 499 Ninth Exception Good Faith in Criminal Defamation Elements of Good Faith

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Parties

Sukra Mahto

Appellant

Basdeo Kumar Mahto

Respondent No. 1

Sahdeo Mahto

Respondent No. 2

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Patna High Court Judgment in Criminal Revision

Legal Issues

  1. 1 Whether the appellant could claim benefit of the Ninth Exception to section 499 of the Indian Penal Code (defamation) on ground of good faith and protection of interest

Ratio Decidendi

The appellant failed to establish good faith or due care before making the defamatory imputation about the respondents. No evidence was led that any enquiry was made or that the statements were necessary for protection of the appellant's interest. The requirements of Ninth Exception to section 499 IPC were not fulfilled; thus, the conviction under section 500 IPC was proper.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Appeal fails and is dismissed.
  • Conviction under section 500 IPC and sentence of Rs. 500 fine, and in default, three months simple imprisonment are upheld.