THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.527 of 2011 JUDGMENT: On the basis of the complaint given by the Inspector of Factories, Khammam, alleging that on 23.11.2007, he inspected Dhanalaxmi Granites (Granite Shopee) situated at I.D.A.Khammam, to which A-1 is the occupier and A-2 is the Manager and found that two adolescent workers viz., Paddapu Saidulu and Paloju Venkanna were engaged to work on daily wages in the factory and as such, the petitioners have failed to comply with the provisions of Section 68 of the Factories Act, the petitioners were tried by the II Additional Judicial Magistrate of First Class, Khammam in S.T.C.No.1 of 2008 for the offence punishable under Section 92 of the Factories Act. During the course of trial, on behalf of prosecution, P.W.1 was examined and Exs.P-1 to P-7 were marked. On behalf of the accused, neither oral nor documentary evidence was adduced. The learned Magistrate having analysed the entire evidence on record, found the accused guilty of the said offence and accordingly, sentenced them to undergo simple imprisonment for a period of six months each for the offence punishable under Section 92 of the Factories Act. The same was questioned by the accused by filing Criminal Appeal No.90 of 2009 on the file of the Family Court- cum-Additional Sessions Judge, Khammam, who by his judgment, dated 18.02.2011, while concurring with the findings recorded by the trial Court, dismissed the appeal, thereby confirming the judgment rendered by the trial Court. Hence, the present Criminal Revision Case. Heard both sides and perused the material papers on record. When the matter is taken up, learned counsel for the petitioner-accused fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioners- accused have been in jail ever since they are convicted by the lower appellate Court i.e., for more than a month. Having considered the submissions of the learned counsel for the petitioner and also on perusal of the material on record, it is evident that the impugned judgment was pronounced on 18.02.2011 and immediately, the petitioners were taken into custody, and as on today, the petitioners have been in jail for nearly 35 days, as such, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of six months for the offence punishable under Section 92 of the Factories Act imposed on each of the petitioners-accused by both the Courts below, is reduced to that of the period already undergone by them. With the said modification in the sentence of imprisonment, this Criminal Revision Case is disposed of. As the petitioners are in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioners forthwith, if they are not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd March 2011 DR