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[5] Relying on Raman Namboodiri v. Govindan, 1962 Ker LT 538 : 1963 (1) Cri U 535, counsel for petitioner contends that the identity of the complainant should be established. The proposition is beyond reproach. But, it is not always necessary to name the person. If the description and attendant circumstances suggest with fair-certainty the identity of the person intended, that is sufficient to attract the offence. Explanation 3 to Section 499 states that an imputation in the form of an alternative or expression ironically, may also amount to defamation. Defamation by innuendo is well known. Hicks' case is illustrative in this regard. Gatley on Libel and Slander 8th Edition (para 281) states:
To succeed in an action of defamation it must not only be proved that the defendant published the words and that they are defamatory: He must also identify himself as the person defamed. No writing whatsoever, is to be esteemed a libel unless it reflects upon some particular person : It is not necessary that the words should refer by name.
The reference need not be explicit. If the description is such that a reasonable person in the context in which it is made, will understand it as a reference to a particular person, it would suffice. It is not always that a libellous statement is made with directness, nor, does it mean that as long as it is not by specific reference, so long it is not libel. A degree of indirectness or innuendo is noticed in such attempts, and is to be expected. To defame is an offence, and it is reasonable to think that he who defames is not anxious to invite legal consequences. Satire or lampoons are instances of reference by innuendo. Limericks also sometimes make veiled references, not altogether complementary. To a point, they may justify themselves.
But, transgression beyond, would attract penal consequences. The thin twilight zone is often the subject of controversy. But, it can be said with assurance that even without specific or explicit reference, by innuendo, defamation can arise. Gatley has noticed cases, where libel was found by reference to initial letters, by asterisks or even blanks,, and reference to fictitious or fanciful names, even where there was 'no peg or pointer for identification in the words complained of.' [6] In Morgan v. Odhama Press Ltd. (1972) 1 WLR 1239 (HL) it is stated: