Woolfun Bibi Vs. Jesarat Sheikh and anr.

Woolfun Bibi vs Jesarat Sheikh and anr.

Type Court Judgment Court Kolkata Decided Nov 06, 1899

~1 min read

https://sooperkanoon.com/case/867092

CiteSignal

Citation: sooperkanoon.com/867092
Court: Kolkata
Judge: Sale and ;Stanley, JJ.
Decided On: Nov 06, 1899
Subject: Criminal

Parties & Advocates

Appellant / Petitioner

Woolfun Bibi

Respondent

Jesarat Sheikh and anr.

Legal References

Reported In: (1900)ILR27Cal262

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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.

Full 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.