' Ghaus Khan son of Muhammad Khan Pathan, resident of Nangal, Police Station Kot Nainan, Tehsil Shakargarh, District Sialkot faced trial for the charge under section 500/34, P.P.C. Before the Magistrate First Class, Shakargarh, who vide judgment, dated 31-12-1978 convicted the petitioner and sentenced him to undergo S.I. For two months with a fine of Rs,500 in default of payment of fine to further undergo S.I. For one month.
2. The appeal filed by the petitioner against his conviction and sentence was dismissed by the learned Additional Sessions Judge, Narowal vide judgment dated 28-8-1989. He challenged his conviction and sentence before this Court through this revision petition.
3. The brief facts of the case are that on 27-9-1977 the petitioner alongwith Amir Khan son of Faujdar Khan, Iqbal Khan son of Ghaus Khan, Aleem Khan son of Amir Khan and Sultan Khan son of Mansabdar Khan residents of Nangal Minhasan, Tehsil Shakargarh, District Sialkot arranged registration of a false case against Ghafoor Khan son of Saifullah Khan complainant under section 376/511, P.P.C. Through Mst. Zohran widow of Naushera. Iqbal Khan, Alim Khan and Sultan Khan were cited witnesses of the occurrence.
' Pending trial of the aforesaid case Ghafoor Khan lodged a private complaint against the petitioner and others under section 500/34, P.P.C. And in the meanwhile the learned trial Court after recording statements of Mst. Zohra under section 164, Cr.P.C. In the case under section 376/511, P.P.C. Acquitted Ghafoor Khan etc. And issued process against the petitioner and Amir Khan since died in the private complaint to face the trial for charge under section 500/34, P.P.C. The case of prosecution against the petitioner in nutshell was that he got fake case registered against Ghafoor Khan complainant through Mst. Zohra as is evident from the statements of P.Ws. On the record and in this way defamed him.
4. No one appeared on behalf of the petitioner.
5. I have heard the arguments of the learned counsel for the State and perused the record carefully with his assistance. A case under section 376/511, P.P.C. Was got registered by Mst. Zohran Bibi through F.I.R. No,43, dated 27-9-1977 at Police Station Kot Nainan against Ghafoor Khan complainant etc. But the petitioner was neither a complainant nor a witness in the said case. The allegation against him was that he instigated Mst. Zohran for registration of a case against the complainant and in this way the petitioner defamed the complainant.
Looking at the provisions of section 499, P.P.C. To constitute the offence of defamation there must be words either spoken or intended to be read or by signs or by visible representation whereas in the present case the petitioner did not by words either spoken or intended to be read, or by signs or by visible representation made any act falling within the purview of section 499. The statement of Mst. Zohra under section 164, Cr.P.C. Before the trial Court to the effect that she got a case registered against the complainant at the instance of the petitioner does not attract the provisions of section 499, P.P.C. To prosecute a person who Instigates another person for registration of a false case.
' The legislature has taken care of such matters and in case of a false, frivolous or vexatious accusation, the trial Court can direct the complainant or first informant to pay compensation as provided under section 250, Cr.P.C. Mst. Zohra got a fake case registered against the complainant and she later on in her statement under section 164, Cr.P.C. Exonerated the complainant from the charge, thus she was responsible for her act and not the petitioner. It was proper for the trial Court to proceed against Mst. Zohra under section 250, Cr.P.C. The complainant could also avail the remedy of filing the suit for damages against Mst. Zohra.
6. or the foregoing discussion I hold that no case for defamation is made out against the petitioner for want of constitution of necessary ingredients of offence. This revision petition is accepted, the conviction and sentence awarded to the petitioner by the trial Court is set aside and he is acquitted from the charge.
Revision .