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1986 DIGILAW 4 (GAU)

Lalliani v. R. L. Rina

1986-01-21

K.LAHIRI, S.N.PHUKAN

body1986
Lahiri, J. - Mizoram may be a small Union Territory but it has beauty, culture and civilization of the highest order. The people are strong, healthy and good looking, literacy is the second highest in India and the landscape and humanscape are bonny, exquisite and beauteous. The complainant - petitioner claims that she is good looking and in the prime of her youth she was one of the most fine-looking girls in Mizoram. All Mizo girls are bead some and beautiful but the striking feature is the manner in which they exercise their restrained freedom. They have a unique life style where song and dames play a pivotal. The boys mix with them but if they overdo, even touch the body of a girl without her permission they are penalised according to their customary law. It is a taboo. The boys res­pect girls, so do their counterpart. Mizoram is famous for songs. You bear the sound of music in the valleys and hills; the sweet musical notes ring in your ears even after you had left Mizoram. Songs have a special place and the poets and singers are dearly respected - they are essential part of Mizo culture and heritage. 2. "Lalzoua" was a renowned Mizo poet who composed songs, and, naturally he had large fans, but unfortunately he died young in December, 1945. "Lalzoua" was dead but his songs and spirits lived in the minds of the Mizos so much so that even after long 33 years of his death, the people wanted to know more about him and his life. The opposite party Shri R. L. Rina was a researcher of the culture and heritage of Mi/c­ram and desired to print a biography of the famous poet. He found it difficult to collect data due to the passage of time. He searched for persons and could ferret out the sister of Lalzoua. Indeed, Mrs. Siamliani is the sister of Lalzoua. The striking feature in the name of complainant and Mrs. Samarian is the word "Liani" suffixed to the name of both of them. We tried to get the meaning of the word 'Liani' from learned counsel for the petitioner but he could not help much nor could we get the meaning of the term ' Liani' from any other source. The striking feature in the name of complainant and Mrs. Samarian is the word "Liani" suffixed to the name of both of them. We tried to get the meaning of the word 'Liani' from learned counsel for the petitioner but he could not help much nor could we get the meaning of the term ' Liani' from any other source. We find that the expression 'Liani' is a common word which is either prefixed or suffixed to the name or it is used independently. Perhaps, it means " sweet" or "darling" or some other qualities. So, Siamliani is also ' Liani ' and the com­plainant Lalliani is also 'Liani'. Mrs. Siamliani produced a manuscript which she had prepared while she was young, wri­tten by her as dictated by Lalzoua, the poet while he was alive. The manuscript was furnished to the accused R. L. Rina, who published it in the Mizo language, styled as "Fam Lal­zoua Chanchin". The complainant alleges that in the book she has been described as the sweet heart of the great poet. She also claims that the poet claimed that he was the first lover or the first husband of 'Liani'. The book also narrates that when the poet had the prettiest girl in town as his sweet heart it generated inspiration in him to compose various love songs. They were hit songs. It is stated that when the poet was dre­aming or swimming in the dream of love with her sweet heart a compounded from the Army came and won the heart of his sweet heart. The poet was heart-broken, lovelorn and composed and sang love songs on the marriage of his 'sweet heart' with the Army compounded. It is stated in the book that he had written a letter to 'Liani' expressing his disappointment and regretting that she could choose the compounder as her partner and discarded the poor poet because of his poverty. It was also stated that once the poet went to Liani and lied on the bed, but he was rebuked by Liani stating that she was a married wife. The poet left the place and later died. What we find is that 'Liani' is a common word which could refer or mean any Mizo girl. We further find that Liani was also described as 'Lianngovi' in the booklet. The poet left the place and later died. What we find is that 'Liani' is a common word which could refer or mean any Mizo girl. We further find that Liani was also described as 'Lianngovi' in the booklet. The love-affairs between the poet and Liani (Lia­nngovi) was a matter of mid 40's. At the relevant time the writer of the biography Mrs. Siamliani was a kid and the accused-opposite party, R. L Rina was about 3 or 4 years old. The opposite party was in the Burmese Army and returned back to Mizoram only a few years before the publication of the book. Admittedly, the opposite party had had no personal knowledge about the love story, as he was a child. Nowhere in the book 'Liani' or 'Lianngovi', the central lady, was referred as Lalliani and as such, no reasonable person could have drawn any inference that 'Liani' or 'Lianngovi' could be Lalliani, the complainant. 3. The petitioner-complainant lodged a complaint u/s. 500 of the Indian Penal Code in the Court of the District Magis­trate, Aizawl. alleging inter alia, that she was the girl descri­bed as 'Liani' in the book, the lover of the poet, who claimed that she was his first sweet heart or lover. The imputations were defamatory and, as such; the accused were liable to be puni­shed under the said section. The case was referred to the subor­dinate District Council Court. The court examined some witnesses including the husband of the complainant and held Mrs. Siam­liani, the sister of the poet and the present opposite-party, Shri R. L. Rina guilty u/s. 500 I.P.C. and sentenced Mrs. Siam-Siani to pay a fine of Rs. 500/ - and sentenced Rina the oppo­site party to pay a fine of Rs. 800/ - Mrs. Siamliani did not and appeal but the present opposite party successfully appealed to the Court of the District Council. The appellate out held that the accused had not had the requisite criminal intention. The petitioner-complainant being aggrieved by the or­der of acquittal has presented this revision against the order of acquittal. 4. There is no grievance about the competence of the appellate court to render the order. The appellate out held that the accused had not had the requisite criminal intention. The petitioner-complainant being aggrieved by the or­der of acquittal has presented this revision against the order of acquittal. 4. There is no grievance about the competence of the appellate court to render the order. It is therefore, seen that a competent court on appreciation of evidence reached the conclusion that there was no material to hold that the accused tad the requisite intention or knowledge required to be established u/s. 500 I. P. C. and acquitted the accused persons. 5. We have perused the English translation of the impugned booklet furnished to us. On perusal thereof, we find that the book is the biography of a poet who composed songs. The poet needs inspiration, and, it is depicted that a beautiful girl was the source of inspiration to the poet. The poet composed love songs and depicted the beauty of his sweet heart. It is claimed that he had love affairs with one Liani but the girl took a compounder as her husband. The husband was described as a compounder serving in the Armed forces. The poet was shocked, composed songs and later died. The poet stated that his sweet-heart accepted the hand of the army compounder be­cause he was a poor poet. 6. A long and short look at the book makes it clear that the imaginations or dreams of a poet were pictured in it. In all probability he thought that the most beautiful girl was in love with him. The girl referred might have been an imaginary figure. In all probability the sketch was based entirely on ima­gination and day dreams. We find that there is no direct re­ference of Lalliani, and, as such, it is difficult to hold that the poet referred the complainant in the book. Further; we find that the collocation of the word 'Liani' is a very common name. We also find that the girl was referred as 'Liani' or 'Lianngovi' and never as Lalliani. Neither the opposite party-accused nor Mrs. Siamliani, the co accused could have personal knowledge about the love-affairs as they were young kids in mid 40's. It is difficult to hold, on perusal of translated copy of the booklet, that any direct reference of the complainant was made in it. Neither the opposite party-accused nor Mrs. Siamliani, the co accused could have personal knowledge about the love-affairs as they were young kids in mid 40's. It is difficult to hold, on perusal of translated copy of the booklet, that any direct reference of the complainant was made in it. We also find that the District Council court presided over by a Mizo Judge had full knowledge about the local conditions as well as the meaning of the term and the court had noticed that 'Liani' was a common name. We are of the view that 'Liani' is a common name. Further, the prime object of the publication was to bring out the life story of a famous Mizo poet. The secondary object might have been to make some profit, as the book was sold at R. 21- per copy. It is, there­fore, seen that prime object of the opposite party was never to harm the reputation of any one. We also find that there is no material to show that the accused and/or Mrs. Siamliani could have reasonably known that the girl referred as 'Liani' could be the complainant, Smti. Lalliani, Further, the love story is over 30 years old and there was no direct reference about the complainant in the book. The complainant is now in her mid-fifty. It has been urged before us that though there was no direct reference in the book about the complainant yet the fact that she was pictured as the lover of the poet who mar­ried a compounder serving in the Army pointed that the com­plainant was directly or innuendo referred as Liani. However, the contention miserably falls flat because the complainant husband has categorically stated that he was never a compounder in the Army. Thus, we reach the conclusion that there is no material to connect complainant with the girl 'Liani' des­cribed in the book. We hold that the accused-opposite party had no knowledge that the complainant was directly or indire­ctly referred to in the book, that he never published the book "with the intention of harming or with the knowledge or hav­ing the reason to believe that the publication would harm the reputation of the complainant''. There is no allegation that the imputation was published by the accused with the intention of harming the reputation of the complainant. There is no allegation that the imputation was published by the accused with the intention of harming the reputation of the complainant. We find that the accused had no knowledge nor had he any reason to believe that the statements contained in the book might harm the re­putation of the complainant or any other person. It appears to us that 'Liani' or Lianngovi' described in the book was ei­ther an imaginary person or some one else other than the complainant. 7. Under these circumstances, the essential ingredients of the offence u/s. 500 I. P. C. are found conspicuously absent, and therefore we hold that the finding' reached by the District Cou­ncil Court cannot be interfered at this end. 8. For the reasons just alluded, we hold that there is no merit in the application and accordingly the revision against the order of acquittal is dismissed.