AIR 1962 GUJARAT 208 ::(1962) 2 LabLJ 342 ::(1961) 2 GujLR 705

Gujarat High Court

Hon'ble Judge(s): J. M. Shelat, A. R. Bakshi , JJ

Factories Act (63 of 1948) , S.20(1)(iv), S.92, S.101— Liability u/S.20(1)(v) though absolute is limited to dangers of foreseeable nature - Defence u/S.101 not established - Still prosecution has to prove its case. The obligation or liability under S.21(1)(iv), though absolute, must be considered to be limited to dangers which are reasonably foreseeable. If protection is provided for by the employer by having a guard or other safeguards, if such safeguard is rendered nugatory by an unreasonable or perverted act on the part of the workman, even though such act is not done with any criminal intention, there is no liability on the part of the employer. AIR 1960 Bom 1 and (1949) 2 KB 601 and (1955) 1 All ER 870 and (1950) 2 All ER 987, Relied on; Cr. App. No.120 of 1950, D/-18-4-1950 (Bom.) and Cr. App No.1107 of 1953, D/-14-4-1954 (Bom), Ref.(Para 12 17) Section 101 is intended not as an only exclusive defence but provides a procedure whereby in the same prosecution, an accused can establish that not he, but some other offender, has done the criminal act, and in the event the section enables the court to convict such other person without having to have a separate complaint a separate charge, and a separate trial. That is the object of S.101.(Para 20) In a criminal case an accused....