N BHAGEERATHAN Vs. STATE

JUDGEMENT

(1.) Mr. N. Bhageerathan, is the petitioner herein challenging the conviction and sentence imposed for the offences under Section 67 of Tamil Nadu Factories Act and Rule 1 Section 14(1) and 15 of Child Labour Act and thereby sentenced to pay a fine of Rs. 10,000/-, in default to undergo 2 months' simple imprisonment in C.C. No. 49 of 1995, on the file of Additional Sessions Judge-cum-Chief Judicial Magistrate, Nagercoil, confirmed in C.A. No. 45 of 1996 on the file of Principal Sessions Judge, Nagercoil.

(2.) The prosecution case is that on 22-3-1995 at about 2.00 p.m. the complainant/the Assistant Inspector of Factories along with other officials went and inspected the factory by name 'Raghul Cashews', dealing in the process of removing the cashewnuts from the shells and found three children namely Jayanthi, aged about 11 years, Therasamma, aged about 12 years and Punitha, aged about 11 years were working along with the other workers.

(3.) The complainant/P.W. 1 on the basis of the Inspector's report Ex.P.1, sent a show cause notice Ex.P.2 and received the reply Ex.P.4 which was not satisfactory. Again P.W. 1 sent Ex.P.5 the intimation to the accused for launching the prosecution and thereafter, the complainant requested through Ex.P.6 requisition seeking for sanction and that after obtaining sanction in Ex.P.7, the complainant had filed a complaint.