1. These two appeals have been preferred by the State against the order of acquittal passed in favour of the respondent in two criminal cases filed against him. In both these cases the respondent was charged with having committed an offence punishable under Section 63 read with Section 92, Factories Act.

The learned Magistrate who tried this case has held that the offence charged was not proved. That is why he passed an order of acquittal in favour of the respondent. In the present appeals, the State contends that the orders of acquittal passed by the learned Magistrate are based on an erroneous construction of the material provisions of Rule 91 framed under the Factories Act.

2. The facts leading to the prosecution are not in dispute. Mr. Keskar, the Junior Inspector of Factories, Kolhapur, visited the Sutaria Automobiles at 8.10 p.m. on 12-3-1955. The respondent is the occupier and manager of the Sutaria Automobiles. Sutaria Automobiles is a factory within the meaning of the Factories Act and it situated in the Cantonment area of Belgaum. The working hours as notified in this factory were 8 a.m. to 12 noon and 2 p.m. to 6 p.m.

On 12-3-1955 the Inspector found that three wor