RAM CHANDER Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the judgment and order dtd. 16/11/2000 passed by Additional Sessions Judge, Varanasi, Court No. 14 in Criminal Appeal No. 297 of 2000 dismissing the appeal and confirming the conviction of the applicant under Sec. 14(1) of Child Labour (prohibition and Regulation) Act, 1986 and sentence of three months R.I. recorded by Nth Additional Chief Judicial Magistrate, Varanasi in Criminal Case No. 722 of2000, vide order dated 16-11- 2000.

(2.) The prosecution story, briefly stated, was that on 26/3/1995 at about 4.45 A.M. Sri O.P. Gupta, Labour Enforcement Officer, Varanasi, along with Sri S.K. Srivastava inspected the Carpet loom of applicant situated at Dhaurpur, P.S. Rohania, district Varanasi and found that a boy named Chaturi S/o Bachau aged about 11 years was working at the said establishment. The Enforcement Officer prepared spot note and filed complaint against the applicant for the offence punishable under Sec. 14(1), of Child Labour (Prohibition and Regulation) Act, 1986, hereinafter called the Act. During trial the prosecution examined Hira Lal Sharma (P.W.1), S.K. Srivastava (P.W.2) and Sri O.P. Gupta (P.W.3). The applicant examined Shiv Nath (D.W.1), Bachau(D.W.2) and Chaturi (D.W.3) and also filed extract of kutumb register, pass book of U.P. Electricity Board and age certificate of the child. Learned Magistrate on considering the evidence of the parties held that applicant had employed Chaturi a boy aged about 11 years and had committed an offence punishable under Sec. 14(1) of the Act.

(3.) With these findings he convicted him in said Sec. and sentenced to undergo R.I. for a period of three months.