The Inspector of Factories vs K. Rampullaiah

P.S. Narayana, J.—The Criminal Appeal is preferred by the State as against the Judgment dated 23.07.1998 in C.C. No. 54 of 1998 on the file of the learned Judicial Magistrate of First Class, Dhone, wherein an acquittal was recorded.

The Inspector of Factories, Kurnool, filed the case against the accused alleging that he is liable for punishment for the offence u/s 14 and 15 of the Child Labour (Prohibition & Regulation) Act, 1986 and he had contravened Section 76 of the Factories Act

The case of the prosecution, in brief, is as hereunder:- On 02.07.1997, the Inspector of Factories, Kurnool-I and II had visited the premises "Sri Amareswara Polishing Slabs and Mineral Industries" at Kurnool Road, Bethamcherla, which is a factory within the meaning of Section 2m(1) of the Factories Act, 1948 and found two child labour namely (1) Nageswar Reddy, aged 9 years, (2) Srinivasulu, aged 12 years, working in the factory. Thereby the accused, who is the occupier-cum-manager of the factory, contravened Section 67 of the Factories Act, 1948 and he is liable for punishment for the offence u/s 14 and 15 of the Child Labour (Prohibition & Regulation) Act, 1986. Hence, the complaint.

Heard Sri Mohd. Osman Shaheed, Additional Public Prosecutor.

On behalf of prosecution, P.Ws 1 and 2 were examined and Exs.P1 to P.6 were marked. The learned Judge on appreciation of the evidence available on record, came to the conclusion that the accused came forward to produce the age certificates from Panchayat Board and from prescribed medical authority, but P.W.1 ignoring Ex.P.5, accorded sanction for prosecution, thereby the accused was deprived of an opportunity to establish the disputed age of the alleged child workers in his factory causing prejudice to him. According to P.W.1, the age of the child labour is mentioned in Ex.P1 at their information only, but the same is disputed by their parents on the basis of Ex.P.5. In view of the same, it was hold that the prosecution failed to prove the guilt of the accused for the said offence beyond all reasonable doubt and acquittal had been recorded.

In the light of the reasons recorded in detail, the findings of the learned Judge are hereby confirmed. Consequently, acquittal is also hereby confirmed. The Criminal Appeal shall stand dismissed.