Document Fragment View
Fragment Information
Showing contexts for: section 370 of indian penal code in The State Of Karnataka vs No.1 Ashraf @ Mohammad Ashraf Ali on 11 April, 2018Matching Fragments
5. After receiving the record by this Court, the summons was issued to accused No.1. In pursuance of the said summons, the accused No.1 appeared before the Court and he was enlarged on bail. Thereafter the learned advocate for accused No.1 submitted that there is no argument before framing charge and requested to frame charge. As a result the charge was framed under Section 370 of I.P.C., Section 23 and 26 of Juvenile Justice Act and Section 3 and 14 of Child Labour (Prohibition) Act, the contents of charge read over and explained in Hindi by translating Kannada version to the accused No.1. The accused No.1 pleaded not guilty and submit crime to be tried. Thereafter the case against accused No.1 set down for prosecution evidence.
11. In order to establish the alleged offences against accused No.1, the prosecution is required to prove that the accused No.1 along with other accused persons by influencing money of giving more salary to Cw.2 to Cw.8 who are minors, brought them from Nepal and Bihar States and left the said children at Nine Dots, Nizamuddin Mohalla, Baba Lane, Mysore Road, Bengaluru, within the jurisdiction of Chamaraj Pet Police Station, Bengaluru, where the accused persons are running bag manufacturing unit and the accused persons not provided basic necessities to said children and kept them in a place where no adequate air, light and cleanliness available, by detaining them and extracting work from 09.00 a.m., to 09.00 p.m., forcibly, by giving meager salary of Rs.2,000/- per month and taken the work from them as bonded labours and thereby committed offences punishable under Section 370 of I.P.C., Section 23 and 26 of Juvenile Justice Act and Section 3 and 14 of Child Labour (Prohibition) Act. Hence this Court shall proceed to see whether the prosecution has succeeded in establishing all the above said ingredients of the alleged offences against the accused beyond all reasonable doubt.
12. Before venturing into scan the available material evidence on record, it is necessary to mention the very definition of offences under Section 370 of I.P.C., Section 23 and 26 of Juvenile Justice Act and Section 3 and 14 of Child Labour (Prohibition) Act.
Section 370 of I.P.C defines that:
Trafficking of persons-[1] Whoever, for the purpose of exploitation,(a) recruits, (b)transports, (c) harbours,
(d)transfers, or (e) receives, a person or persons, by-
27. Point No.4:- For the above said reasons and discussions on Point No.1 to 3, I hold that the accused No.1 is entitled for an order of acquittal. Hence, in the final result, I proceed to pass the following:
ORDER Acting under Section 235(1) of Cr.P.C., the accused No.1 is acquitted for the offences punishable under section 370 of IPC, Section 23 and 26 of J.J. Act and Section 3 and 14 of Child Labour Prohibition Act. His bail bond and surety bond stand cancelled.