SUBHASH CHANDRA JAISWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 6-11-2001 passed by Additional Sessions Judge, Court No.14, Varanasi, in Criminal Appeal No. 145 of 2000, dismissing the appeal of the applicant against the judgment and order dated 19-6-2001, passed by the IVth Additional Chief Judicial Magistrate, Varanasi, in Criminal Case No.380 of 2000, convicting the applicant under S.14 (1) Child Labour (Prohibition and Regulation) Act, 1986 and sentencing him to undergo R.I. for a period of three months.

(2.) The prosecution story, briefly stated, was that on 25-1-1994 at about 3 P.M. Sri Rampreet Ram, Labour Enforcement Officer under Child Labour (Prevention and Regulation) Act, 1986, hereinafter called the Act, visited the establishment of applicant and found that one Ashok Prajapati aged about 11 years of village Kawal, P.S. Gyanpur, was employed as labour to work in the said establishment. The above act of the applicant was against the provisions of S.3 of the Act. He prepared spot note and obtained signature of the child labour on it. The applicant was not present at the time of inspection and his nephew Vinod Kumar was supervising the work. A Copy of the inspection note was handed over to Vinod Kumar. No objection was raised by the applicant and therefore a complaint was filed by Sri O.P. Gupta, Inspector under the Act against the applicant. The applicant was tried for violation of S.3 of the Act punishable under S.14 (1) of the Act. He pleaded not guilty,

(3.) The prosecution examined Rampreet Ram (P.W.1) and Sri O.P. Gupta (P.W.2). The applicant examined Sri Narain Misra (D.W.1) and Ramhinch (D.W.2).