AIR 1952 MYSORE 123

Mysore High Court

Hon'ble Judge(s): Balakrishnayya , J

(A) Penal Code (45 of 1860) , S.499, S.500— Scope - Expression "Black marketeer" is per se defamatory within meaning of section. (Para 3) Anno : Penal Code, Ss. 499 and 500, N. 1. (B) Penal Code (45 of 1860) , S.499, S.500— Evidence and Proof - Necessity for proof of exact words used. To say that the witness should remember and reproduce the identical or the very same words in the order they were uttered and that even if there is some variation in the words used or trifling inconsistency in the words of different witnesses, such evidence should be discarded, would be to lay down rather a too broad or a too dangerous proposition. It is sufficient for @page-Mys124 the purposes of the section, if witnesses are agreed in a substantial measure on the words of imputation uttered as it is hardly possible or necessary to reproduce every word or expression used.(Para 4) Anno : Penal Code, Ss. 499 and 500, N. 14. (C) Penal Code (45 of 1860) , S.499, S.500— Essence of offence of defamation - Necessity for proof of actual harm. The essence of the offence of def....