The prosecution must prove beyond reasonable doubt the existence of bonded labor conditions; mere allegations without evidence do not justify conviction.

JUDGMENT :

This Criminal Appeal had been filed by one of the victims in this case, seeking to set aside the judgment of acquittal dated 18.08.2015 passed in S.C.No.187 of 2007 by the learned Principal District and Sessions Judge, Chengalpattu.

2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:-

2.1. The case of the Prosecution is that P.W-4, is running a Non Governmental Organisation in the name of International Justice Mission and he came to know that the Accused 1 and 2 are running a rice mill in which several persons were employed for very low wages besides they were made to work for several hours. It was also complained that the workers were confined within the rice mill premises and they were not permitted to go out of the rice mill. After hearing the grievance of the victim workers, P.W-4 has met P.W- 5, Village Assistant and sought his help. On the basis of the information received from P.W-4, P.W-5 has given a complaint to the Inspector of Police, E-5, Koovathur Police Station, Kancheepuram District in which it was stated that the Accused 1 and 2 have employed (i) Shankar, Son of Ganesan (ii) Slevi, Wife of Shankar, (iii) Jayapaul, Son of Duraisamy (iv) Bakkiyam, Wife of Gopal, (v) Ravi, Son of Duraisamy, (vi) Velliyan, Son of Ravi, (vii) Selvam, Son of Duraisamy, (viii) Mrs. Bangaru, Wife of Late. Duraisamy and (ix) Sandhiya, Wife of Selvam. It was also stated by P.W-5 that the aforesaid 9 persons were treated as bonded labourers and subjected to physical and mental torture by the Respondents 1 and 2/Accused 1 and 2 and requested to take action against them. On the basis of such complaint given by P.W-5, the case in Crime No. 305 of 2006 was registered on 11.11.2006 as against the Accused 1 and 2 under Sections 1 , 2 and 4 of The Bonded Labour System (Abolition) Act, 1976. Ex.P-3 is the First Information Report.

2.2. On receipt of Ex.P-3, P.W-10, Deputy Superintendent of Police proceeded to the Balaji Rice Mill on the same day namely 11.11.2006 along with the Village Administrative Officer, P.W-1. On reaching the rice mill, P.W-10 drew a rough sketch and observation mahazar in the presence of witnesses Sekar and Vijayan. Ex.P-2 is the observation mahazar and Ex.P-7 is the rough sketch. P.W-10 also recorded the statement of Vijayan-P.W-5, Sekar, Adikesavan, Raji, Murugammal, Selvam and Bhakiyam and recorded their statement. On 13.11.2006, P.W-10 also recorded the statement of Jayapaul, Sandhiya and Bangaru. On the basis of such information, he submitted an alteration report under Ex.P-9 altering the offences for which the case was registered under Sections 1 , 2 and 4 of The Bonded Labour System (Abolition) Act, 1976 into one of 341, 344, 353 of INDIAN PENAL CODE read with Section 1 6 and 17 of Bonded Labour System (Abolition) Act, Section 3 of Child Labour (Prohibition and Regulation) Act, 1986 and Section 3 (1) (x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, P.W-10 collected the community certificates of those who were detained as bonded labourers by the Accused 1 and 2. In this context, P.W-10 also enquired Mr. Balasubramaniam, Tahsildar and Mr. Ramakrishna, Revenue Divisional Officer and recorded their statement. After concluding his investigation,P.W-10 filed the charge sheet against the Accused 1 and 2 before the District Munsif-cum-Judicial Magistrate, Thirukazhukundram and it was taken on file as P.R.C. No. 4 of 2007. Thereafter, summons were issued to the Accused and on their appearance, copies w