Section 306

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
Can we file a defamation case against the complainant(father of the deceased) since we all have been acquitted by the sessions court ?
all the allegations he made were false and baseless .
the proofs that we submitted in the court confirmed this .
she was forced to marry against her will .
she wished to marry her college friend but since he belonged to lower caste he rejected his proposal .
for no fault of ours he put all of us through extreme mental trauma .

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Rajeev Kumar (Expert) 08 November 2011
Of course you should file a case of defamation and also seek compensation for the mental trauma

H. S. Thukral (Expert) 08 November 2011
You can file complaint under section 211/500 IPC. In addition you can claim damages in civil suit.

Shonee Kapoor (Expert) 08 November 2011
Mere acquittal is not a ground for filing defamation.

Only if the allegations are found mala-fide and false you can file defamation.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 08 November 2011
Mr. Harbhajan Singh Thukral has a right answer for you.

you have remedy in criminal side as suggested by him.

you also have remedy in civil side by a suit of damages for malicious prosecution but as Mr. Sonee suggest,the prove for a tort suit is not so easy more especially if your acquittal has resulted on benefit of doubt.

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