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AVI SINGH   19 December 2023

Child labour

9 Years ago I had a small manufacturing unit of wooden items with 4 labors. one of them was 17years old. An NGO raided on my place and with the help of SDM filed a case stating that it was a child under 14 years of age. Charges were framed a year back, Now case is coming to the end the public prosecutor has not been able to provide witness or any evidence. He is forcing me to plea the guilty and pay the fine for say 3k. I told him the labor was 17 years old and the DOB is included in documents. He still says if the case is continued for further proceedings it could take years and I could still be punished. Should I plea guilty? What are the consequences if I do so?



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     19 December 2023

There's no necessity to accede to the pressure put by APP on this. 

You can discuss with your advocate and take appropriate decision.

2 Like

AVI SINGH   19 December 2023

Actually the question is about my lawyer. What to do if in next hearing my lawyer also ask me to plea guilty?

I saw a similar case same day in court where the accused lawyer suggested not to plea guilty stating that it would be a slander for lifetime. But, other side I am clueless about how long the case would go further, already 9 years passed.

Thanks 

Real Soul.... (LEGAL)     20 December 2023

You will be an offender and criminal case will be on your head if you plead guilty. It is better to let case be proved and tried. It is serious offence to employ a minor and if you plead guilty you did that offence. And you admit that.

2 Like

AVI SINGH   20 December 2023

Now, it's very clear to me what not to do.

By the way My lawyer is not from this field so, half of the research I have to do on my own and then discuss with my advocate.

This happened in 2014.

Can anyone tell me what JJ Act would be applicable in this case? JJ Act 2000 or any other? And what was the Age limit that time? The labor had completed his 17th year in September 2014 when this happened.

 

Sudhir Kumar, Advocate (Advocate)     24 December 2023

since you are saying he is 17 at thecrucial time you must be having some evidence.


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