STATE OF GUJARAT Vs. DEVENDRA I. PATEL

JUDGEMENT

(1.) These two appeals for enhancement of sentence by the State of Gujarat are directed against the impugned judgment and order of conviction and sentence, dated 14-2-1989, rendered in Criminal Cases Nos. 7958 and 7959 of 1988, by the learned J.M.F.C. (Muni.), Vadodara wherein respondent-Devandra I. Patel who came to be charged second time for the alleged contravention of provisions contained in Section 21(1) (iv)(b), punishable under Section 94 of the Factories Act, 1949 (for short "the Act") on pleading guilty was sentenced separately to pay fine of Rs. 250/- only and in default to undergo S. I. for 2 days, in each case.

(2.) From the complaint filed by Mr. N. D, Joshipura, Factory Inspector, it appears that when he visited the respondent's factory on 2-8-1988, it was noticed that there were no adequate safeguards preventing accident to the workers. This according to the complainant clearly contravened Section 21(1) (iv)(b) of the said Act. It also further appears that previously also for the similar offences, the respondent was prosecuted in Criminal Case No. 832 of 1987 wherein by an order dated 8-2-1988 on pleading guilty to the charge, was sentenced to pay fine of Rs. 250/-. On the basis of these facts, Factory Inspector filed a complaint before the learned J.M.F.C. (Muni.), Baroda, and as stated above, on the respondent pleading guilty in each of these two cases was sentenced to pay fine of Rs. 250/-, giving rise to the present two appeals for enhancement of sentence.

(3.) The learned APPs appearing for the Appellant - State while attacking the impugned order of unduly lenient and manifestly unjust sentence submitted that the same was ex facie illegal being contrary to the minimum sentence as prescribed under Section 94 of the Act. While making good this submission, the learned APPs invited attention of this Court to Section 94 of the Act, which reads as under: