DEFAMATION CASE U/S 500
Querist :
Anonymous
(Querist) 24 July 2011
This query is : Resolved
DEFAMATION CASE U/S 500
There was a dowry death case in my village in 1985 and the body of the girl was disposed of by the in-laws without any post-mortem. Police filed FIR U/S 304 and 201 against 7 accused including husband. One friend of the family who was closely associated and was present at the time of cremation was excluded from FIR. Father of the girl filed a private complaint against 7 persons mentioned in FIR and THE ONE who was excluded from FIR. This complaint was subsequently grouped with FIR case and both cases were tried simultaneously. Sessions court sentenced husband U/S 304 and 201 for 7 years and others U/S 201 for 1 year in 1987.. Others also included the person against whom Girl’s father had filed private complaint. The sentence passed by Sessions Court was subsequently confirmed by HC in 1996 for all 8 accused.
I had given witness in the said case in the sessions court since I knew the family of the accused as well as their friend very well.
All 7 persons who were sentenced for 1 year U/S 201 were arrested to undergo imprisonment but after they were in jail for 2 weeks they were left free because of GENERAL AMNESTY granted by STATE GOVT for prisoners serving sentence of 1 year. Husband of the victim served full term.
After the sentence was confirmed by HC , THE PERSON who was include d in Victim Father’s complaint went to SC against the sentence. He got bail from SC but only after he had served the term for 2 weeks and left off under general amnesty. In 2004, SC absolved the person U/s 201 on the plea that no case can be made against him merely because he was present at the cremation ground and enough evidence had not been brought on record during the prosecution.
After SC judgement, THE PERSON filed a complaint for defamation in the court in 2005 U/S 500 against victim’s father and ME stating that he was falsely implicated .
In 2006 victim’s father died and the complainant in DEFAMATION case also died in 2008. Till now no summons have been served on me. The complainant’s son has now started pursuing the case.
May I request the following:-
1 Can the son pursue this case filed by his decease father?
2. Can I be prosecuted in this complaint since I was a witness in a case where Sessions Judge sentenced the complainant and the sentence was confirmed by HC.
3. Does the above case fall under Defamation or Malicious Prosecution.
4. Can Defamation Case be filed in 2005 when I had given statement in 1986 and sentence by HC was passed in 1987.
5 If this is a case of malicious prosecution, does Defamation suit stand to trial.
6. Can I approach HC for quashing the complaint against me.
7. What would be the ground/Authority under which I go to HC. Suitable SC/HC judgements be quoted.
Querist :
Anonymous
(Querist) 25 July 2011
Sir
I am schhol teacher and do not have access to AIR. Can I get reply to my first 6 questions if you can't provide authority
