LOLARAKH SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard applicant's counsel in revision and the learned A.G.A.

(2.) This revision is directed against the order dated 23.6.2001 passed by Sessions Judge, Varanasi in Criminal appeal No. 265 of 2000 affirming the order dated 12.10.2000 passed by IV A.C.J.M., Varanasi whereby the applicant has been convicted and sentenced to three months R.I. under Sec. 14(1) of the Child Labour (Prohibition and Regulation) Act, 1986. After having heard learned counsel for the applicant in revision and on perusal of the concurrent orders of the learned Magistrate and learned Sessions Judge, this court finds that the case against the applicant that he had engaged a child aged about 12 years as a 'labour' in his carpet factory and he was found engaged doing labour work by Shram Parivartan Adhikari (Labour Enforcement Officer) has been established. Both the courts below have placed complete reliance on the testimony of the said officer and this court finds no sufficient reason to take a different view. Applicant in revision has, therefore, rightly been found guilty for committing offence punishable under Sec. 14(1) of the aforesaid Act.

(3.) Coming on the question of sentence, learned counsel for the applicant submitted that the incident is of 18.3.1997 and the applicant has already served a sentence of 20 days. Learned counsel for the applicant then made a request before the court that remaining period of sentence may be set aside and in lieu thereof the applicant may be sentenced to pay an appropriate sum of fine. It is further submitted that if the sentence of imprisonment is converted to sentence of fine, the applicant shall not treat the same as enhancement of sentence.