STATE OF KARNATAKA Vs. YASHPALA TRIKAMAJA CHADDA

JUDGEMENT

(1.) Heard the learned Additional State Public Prosecutor and the learned Counsel for the respondent.

(2.) The facts of the case are as follows:

(3.) It is contended by the learned Additional State Public Prosecutor that, having regard to the complaint, the offence was one punishable under Sec. 24 of the Act and since there was no certificate of age of the concerned boy, who was engaged as an assistant in the establishment, there was also violation of Rule 26 of the Rules, which invited punishment under Sec. 30 (3), which prescribes a punishment of imprisonment for a term, which shall not be less than three months or fine, which shall not be less than Rs.10,000.00. Therefore, there was no discretion available to the Court below, to impose a lesser fine, even if the Court thought it fit to impose fine alone and not to impose punishment of imprisonment and hence, it is sought to be quashed.