PUBLIC PROSECUTOR Vs. MANGALDAS V THAKKER

JUDGEMENT

(1.) THIS appeal is against the order of the acquittal of Mangaldas V. Thakker, Manager, Golden Tobacco Company who was charged with an offence under Section 92 of the Factories Act, 1948. It appears that on 8 -7 -1956, when the Regional Inspector of Factories, Guntur, went for inspection after 5 -30 p.m., he found 823 female workers working in the factory between 5 -30 and 6 -30 p.m. even though according to the notice displayed' on the Board, the hours of work of female workers were specified from 7 -30 a.m. to 11 -30 a.m. and 1 -30 p.m. to 5 -30 p.m. This is said to be a clear contravention of S. 63 of the Factories Act of 1948.

(2.) THE question is whether such contravention under the circumstances is punishable under the provisions of the Act. The learned Magistrate is of the view that since there was no deliberate contravention of the rule on the part of the accused, there is no mens rea and hence no offence has been committed.

(3.) IT is then argued that there being no mens rea, the acts complained of cannot constitute an offence. Reliance has been placed on the provision of Section 117 which reads as below: