MALLAPPA AND ORS. Vs. VENKATESH AND ORS.

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment and order of acquittal dated 10.6.2011, in S.C. No. 118/2007, on the file of the Sessions Judge, Fast Track Court -II, Bangalore Rural District, Bangalore, acquitting both the accused of the charges under Sections 323, 341, 342, 254 and Sections 9, 16, 17 & 18 of the Bonded Labour System (Abolition) Act, 1976 ('Bonded Labour Act' for short).

(2.) THE case of the prosecution in brief is that the accused Nos. 1 and 2 (father and son), were running a brick kiln in the name and style as S.V.D. Brick Kiln in Kannahalli village. Some time during August -September, 2004, the accused had brought some coolies from Tamil Nadu to work in their Kiln. After working for about three months, the said coolies, desired to go to their native place to celebrate Deepavali and accordingly, requested for permission which was denied. However, Shivaraju -P.W. 10 left alone for Deepavali without permission. Accused enquired other coolies about Shivaraju's departure without permission and assaulted one Chinnamma & her daughter Shivaranjini and forcibly took them in a Jeep and confined them in their house and outraged their modesty. The accused No. 1 had also committed rape on Venkatalakshmi - P.W. 3 and Muttamma - P.W. 2 and threatened them with dire consequences in the event of their disclosing about these incidents to anybody. Subsequently, the coolies namely, Mallappa S/o. Mallappa, Shivaraj S/o. Nanjappa, Chinnamma w/o Shivaraju, Shivaranjini, d/o Shivaraju, Shivappa, S/o. Mallappa, Muttamma, w/o Shivappa, M. Nagaraju, S/o. Mallappa, Mari, w/o Nagaraju, Venkatalakshmi, w/o Nagaraju, and a child namely, Shivamma d/o Nagaraju, escaped on 8.11.2004. Thereafter, they have complained to an N.G.O. called Justice Mission about the atrocities committed by the accused. The said NGO contacted the Assistant Commissioner in Bangalore, who delegated the Tahasildar, Bangalore North Taluk to take action under the provisions of the Bonded Labour Act. P.W. 1 -Tahasildar raided the Brick Kiln and found two persons namely Nagaraju and Madesha in illegal detention in a room. After releasing them, the Tahasildar filed a complaint with the Tavarekere police, which is registered as Crime No. 252/2004 on 6.12.2004 at 17.00 hours. The police after enquiry, laid a charge sheet alleging commission of offences mentioned supra against accused -respondent Nos. 1 and 2. After trial, court below has acquitted the accused. Though the State has not filed any appeal, the appellants namely by P.Ws. 2, 3, 8 & 9, have challenged the order of acquittal.

(3.) THE learned Counsel for the appellants contends that the accused had kept gullible coolies from Tamil Nadu as bonded labour to run their Brick Kiln. They were not paying the wages as per the Minimum Wages Act. The accused were abusing their higher fiduciary position and committing atrocities against the bonded labour. She further submits that the court below has failed to appreciate the material on record and acquitted the accused which has caused serious injustice to the appellants. She submits that the Court below has misread the provisions of the Act in coming to the conclusion that an agreement in law means a document in writing which is contrary to Section 2(b) of the Act. She submits that accused No. 2 was impersonated before the trial Court and thus, respondents -accused are guilty of all the charges leveled against them and accordingly, prays for allowing the appeal.