STATE OF GUJARAT Vs. HARASUKHBHAI M GONDALIYA

JUDGEMENT

(1.) The appellant-State of Gujarat has preferred this Appeal under Section 377 of the Code of Criminal Procedure, 1973 for enhancement of sentence passed by the learned Chief Judicial Magistrate, Bhavnagar dated 12th April 1993 in Criminal Case No.1506 of 1988, whereby the learned Judge has convicted the respondent for the offence punishable under Section 21(1)(iv)b) of the Factory Act.

(2.) The case of the prosecution is that when on 09th March 1988 Factory Inspector visited the premises of the respondent, he found that the respondent has committed contravention of the provision of Section 32(a) and 21(1)(iv)(b) of the Factories Act. Therefore, a complaint to the said effect was was filed. The respondent-accused was charge-sheeted before the Court of Chief Judicial Magistrate First Class, Bhavnagar. Thereafter the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence.

(3.) After hearing both the sides, the learned Chief Judicial Magistrate, Bhavnagar by his order dated 12th April 1993 was pleased to convict the respondent-accused under Section 21(1)(iv)(b) of the Factory Act and ordered to pay fine of Rs.02,000/-, and in default of payment of fine, ordered to undergo simple imprisonment for 45 days.