STATE OF KARNATAKA Vs. S. DEVOJI RAO

JUDGEMENT

(1.) THE State has challenged the inadequacy of sentence ordered by the learned Magistrate for the offence punishable under Section 30 of Karnataka Shops and Commercial Establishment Act, 1961 (hereinafter called as 'the Act' for short).

(2.) THE facts reveal that respondent, the owner of shop was chargesheeted on the allegation that he had employed a child in his shop on the date when Inspector visited the shop premises and therefore, learned Magistrate prepared a plea for the offence under Section 30 of the Act and as advocate representing the respondent pleaded guilty, ordered the accused to pay fine of Rs.1,000.00 for the offence under Section 30 of the Act and fine of Rs.225.00 without citing the offence with default sentence. Aggrieved by the inadequacy of sentence, the present appeal has been filed.

(3.) IT is the submission of learned High Court Government Pleader that contravention of Section 24 of the Act by employing a child in the shop premises, the respondent had committed offence punishable under Section Clause (3) of Section 30 of the Act. Under the said provisions, the sentence of imprisonment specified is not less than 3 months and it may extend to 6 months or fine which shall not be less than Rs.10,000.00. It is submitted that as the learned Magistrate has awarded lesser than the minimum sentence specified under the Act, the order is illegal.