State Of U.P. vs Ameer Singh
2021 Latest Caselaw 8064 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- GOVERNMENT APPEAL No. - 263 of 2008
 

 
Appellant :- State of U.P.
 
Respondent :- Ameer Singh
 
Counsel for Appellant :- S.C.,A.G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Heard learned A.G.A. for the State and perused the record.

From perusal of the record, it appears that in this case accused Ameer Singh was acquitted by the trial court under Section 14(1) of Child Labour (Prohibition and Regulation) Act, 1986 registered at Police Station South, District Firozabad.

Learned A.G.A. has submitted that in this case the learned trial court has acquitted the accused on the basis of statement deposed by the doctor about the age of the child labour which has been said to be 15 years. This age and opinion of the doctor are not conclusive proof about the age of a child labour, therefore, the conclusion drawn by the learned trial court is illegal and inappropriate and the impugned judgment is not proper in the eye of law, therefore, leave to appeal be granted.

From perusal of the judgment in question, it transpires that accused Ameer Singh was prosecuted under Section 14(1) of Child Labour (Prohibition and Regulation) Act, 1986 alleging that he employed Pramod aged about 13 years in construction of a factory and Pramod was child at that time. No any documentary evidence has been adduced by the prosecution regarding the age of Pramod (the alleged child labour). DW-1 Dr. M.P. Agarwal examined Pramod and found the age of the child about 15 years. Doctor has already been examined before the court concerned and there appears no discrepancy in the testimony of this witness about the age of Pramod (the child labour). Being 15 years old Pramod cannot be said to be child labour under the provisions of the aforesaid Act. The learned trial court has taken in view the age of the Pramod as estimated by the doctor who is a medical expert and acquitted the accused in this case. In this way, learned trial court has not committed any error of fact or law in acquitting the accused, therefore, there is no ground to grant leave to appeal.

Hence, application for granting leave to appeal is, hereby, rejected.

Consequently, the appeal is also dismissed.

Order Date :- 15.7.2021

Ashok Gupta