STATE OF GUJARAT Vs. MANGILAL C PATEL

JUDGEMENT

(1.) The adequacy of sentence of Rs. 500/- in default simple imprisonment for 15 days for the offence punishable under Sec. 92 read with Sec. 21(1) (iv) (c) of the Factories Act, 1948 (the Act for brief) imposed by the learned Metropolitan Magistrate of Court No. 4 at Ahmedabad by his order passed on 29th September 1993 is under challenge in this appeal under Sec. 377 of the code of Criminal Procedure, 1973 (the Code for brief).

(2.) The respondent has appeared neither in person nor through any advocate though duly served. I have therefore thought it fit to avail of services of Advocate Kum. Parul Patel as amicus curiae to assist this court on behalf of the respondent-accused.

(3.) It is not necessary to set out in detail the facts giving rise to this appeal. It may be sufficient to note that on 3rd April 1988 one workman working on the bleaching machine sustained injuries in absence of adequate safety measures. It came to the notice of the concerned Factory Inspector. He visited the factory on 13th June 1988. He found absence of adqequate safety measures. Thereupon, he filed his complaint before the Metropolitan Magistrate of Court No. 4 at Ahmedabad charging the respondent-accused with the offence punishable under Sec. 92 read with Sec. 21 (1) (iv) (c) of the Act. It came to be registered as Criminal case No. 4068 of 1988. The nature of the offence was explained to the respondent-accused for the purpose of recording his plea on 29th September 1993. He pleaded guilty to the charge. Thereupon, on his plea of guilt, by his order passed on 29th September 1993 in Criminal Case No. 4068 of 1988, the learned Metropolitan Magistrate of Court No. 4 at Ahmedabad setenced the respondent accused to fine of Rs. 500/- in default simple imprisonment for 15 days.