STATE OF GUJARAT Vs. KRISHNAKUMAR C SHAH

JUDGEMENT

(1.) THE present appeals, under section 377 of the Code of Criminal Procedure, 1973, is directed for enhancement of the sentence passed by the Chief Judicial Magistrate, First Class, Narol vide judgement and order dated 08. 07. 1988 in Criminal Case Nos. 25 to 33 of 1988 whereby the accused has been convicted under sections 95 (1), 94, 62 (1-A), 95 (6), 110 (A) of the Factory Act. The accused was imposed fine of Rs. 300/- for each offence in default to undergo rigorous imprisonment for seven days on each count.

(2.) THE brief facts of the prosecution case are that the complainant visited the factory of the accused herein and after introducing himself checked the books and records of the factory. Upon inspection it came to the notice of the complainant that the accused had violated the provisions of Rule 95 (1) of Gujarat Factories Act, 1963. The salary registers and other books pertaining to the workers were not properly maintained.

(3.) IT was contended by Ms. Shah, learned APP that the judgement and order of the trial Court is against the provisions of law; the trial Court has overlooked the provisions of the Act while imposing fine upon the respondent-accused. She has submitted that considering the provisions of law the sentence is unduly lenient and inadequate and requires to be enhanced.