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2021.09.15 15:20:30 +0530
5.1. In cross-examination of Nitin (PW3) by the Ld. APP for the State, the witness admitted that the work of making needles as well as moulding of electrical switches was done in the factory. He denied the suggestion that the room where they used to work was in a dirty condition. He further denied the suggestion that he was not allowed to play during the working hours. During the cross examination by the Ld. Counsel for the accused, the witness stated that he did not know the name of other persons who used to work in the factory and he stated that he used to tell his sister that he is going to play as if he had told her about his work, she would not let him leave. He further deposed that he could not name any person who could depose about his working in the factory and stated that he never has gone to any NGO and specifically to Don Bosco NGO. He stated that the distance of work place from his house is about 2-3 kms and he used to start at 09:00 AM. Further, the witness stated that he used to come to his home at either 08:00 PM or 05:00 PM and thereafter stated that he used to go to his home for lunch. The witness further deposed that he was playing around and accidently reached to the factory of the accused. He stated the did not know any Rohit.
8. V.K. Rao (PW1) is the inspecting officer. He deposed on the oath that in the year 2010 he was posted in the office of District Labour Commissioner. On intimation regarding children being employed as labour, he shared the same with SHO PS Dabri and the NGO Don Bosco. Thereafter, a raid was conducted and he alongwith labour Inspector Surender PW-8, Satish PW-6, police officials and NGO officials went on the raid where the accused was present and the work of preparing electrical switches was going on. Three children namely Rohit, Gautam and Nitin were found and were rescued. He stated that the children revealed that the working condition was not hygienic.
b. Co-workers - PW3 has stated that Rohit and Gautam used to work with him. However, in his cross examination, he stated that he did not know any Rohit. PW4 has stated that only three children used to work in the factory. However, PW5 has stated that one Raja, aged around 10-11 years, also worked at the factory and was present at the time the raid was conducted. However, there is no mention of any Raja in the prosecution's version. Interestingly, no other adult co- worker has been examined by the prosecution, despite there being evidence on record that there were other adult co- workers in the factory at the time of raid. c. Stay at Observation Home - PW3 is his testimony has stated that after the raid, they were taken to a Child Observation Home for 3 days. Similar is deposition of PW5. In his cross examination, PW3 stated that he never went to any NGO or specifically Don Bosco NGO. PW5 in his Digitally signed by DEV CHAUDHARY Cr. Case No. 423107/2016 STATE VS. JAGDISH SHARMA Page 20 of 29 DEV CHAUDHARY Date:
38. In this regard, this Court is of the opinion that there are certain glaring loopholes in the version set up by the prosecution. The same are discussed point wise below -:
(i) Members in the raiding team - The prosecution has examined as many as six witnesses to prove the raid. Out of these six witnesses, PW1, PW2, PW3 and PW8 are from the Labour Department. PW7 is from the NGO Don Bosco and PW 12 is the police official who was part of the team. PW4 and PW5 have stated that there were 6-7 persons in the raiding party. PW1 has stated that there were 6-7 persons from the labour department and the NGO and additionally there were 6-7 police officials, thus taking the number to around 12-13 persons. PW2 has said that there were 7-9 members. On the other hand, PW6 has stated that there were only 4 persons in the raiding team. Therefore, the number of members in the raiding team is not established.