Case Note & Summary
The State of Maharashtra filed an appeal against the judgment of the Judicial Magistrate First Class, Ichalkaranji, in Child Labour Summary Case No. 16474 of 1997, seeking enhancement of the sentence imposed on the respondent, Yalappa Basappa Khot. The respondent was the occupier of a factory where a 12-year-old boy named Mahesh Maikari was found working in the weaving process during a survey conducted by the Government Labour Officer, Mr. Bargaje, as per directions of the Supreme Court. The Labour Officer filed a complaint on 27/11/1997 alleging contravention of Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, punishable under Section 14(1) of the Act. At trial, the respondent pleaded guilty, and the Judicial Magistrate convicted him and sentenced him to pay a fine of Rs. 1200, which was paid. The State appealed, arguing that the fine was inadequate. The High Court examined Section 14(1) of the Act, which prescribes a minimum fine of Rs. 20,000 for a first offence. The court noted that the trial court had imposed a fine far below the statutory minimum. Consequently, the High Court allowed the appeal, set aside the sentence of fine of Rs. 1200, and imposed a fine of Rs. 20,000 on the respondent, with a default sentence of three months' simple imprisonment. The court directed the respondent to pay the enhanced fine within four weeks.
Headnote
A) Child Labour - Sentencing - Minimum Fine - Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 - The trial court imposed a fine of Rs. 1200 for employing a child in contravention of Section 3, which is below the mandatory minimum fine of Rs. 20,000 prescribed under Section 14(1) - Held that the sentence is inadequate and requires enhancement to the statutory minimum (Paras 4-5).
Issue of Consideration
Whether the fine of Rs. 1200 imposed by the trial court for contravention of Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 is inadequate and requires enhancement.
Final Decision
Appeal allowed. The sentence of fine of Rs. 1200 is set aside. The respondent is sentenced to pay a fine of Rs. 20,000, in default, to suffer simple imprisonment for three months. The respondent to pay the fine within four weeks.
Law Points
- Minimum fine under Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act
- 1986 is mandatory
- Section 3 prohibits employment of children
- Section 14(1) prescribes minimum imprisonment of six months and fine of Rs. 20
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