Document Fragment View

Matching Fragments

This charge sheet filed by Police Inspector, Shivaji Nagar Police Station-Bengaluru, against accused for the offences punishable under Section 370, 374 of I.P.C., Section 14 of Labour Act, Section 23 and 26 of Juvenile Justice Act and Section 16 and 17 of Bonded Labour System (Abolition) Act.

2. The case of the prosecution in brief, as per the prosecution papers, is stated as follows:

The accused who is the owner of bag manufacturing unit in No.5, 2nd Floor, Hyder Complex, Nala Road, Rosan Bazaar, Shivaji Nagar, Bengaluru, has engaged services of Cw.2 to Cw.7-children aged between 10 to 15 years by giving an amount of Rs.5,000/- to Rs.6,000/- to their respective parents. He was

10. In order to establish the alleged offences against accused, the prosecution is required to prove that the accused who is the owner of bag manufacturing unit in No.5, 2nd Floor, Hyder Complex, Nala Road, Rosan Bazaar, Shivaji Nagar, Bengaluru, has engaged services of Cw.2 to Cw.7-children aged between 10 to 15 years by giving an amount of Rs.5,000/- to Rs.6,000/- to their respective parents. He was also extracting work from them for long hours in a day i.e., from 09.00 a.m., to 10.00 p.m., as bonded labourers by detaining them in a room without providing basic necessity and without payment of salary to them and thereby committed offences punishable under 8 Spl.C.C.165/2015 Section 370, 374 of I.P.C, Section 23 and 26 of Juvenile Justice Act and Section 16 and 17 Bonded Labour System (Abolition) 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.

11. Before venturing into scan the available material evidence on record, it is necessary to mention the very definition of offences under Section 370, 374 of I.P.C., Section 23 and 26 of J.J. Act and Section 16 and 17 Bonded Labour System (Abolition) 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-

25. Point No.5:- For the above said reasons and discussions on Point No.1 to 4, I hold that the accused 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 is acquitted for the offences punishable under section 370, 374 of IPC and Section 23 and

26 of J.J. Act and section 17 of Bonded Labour Prohibition Act.