STATE Vs. SRI LAL

JUDGEMENT

(1.) THIS reference has been made by the Temporary Civil and Sessions Judge, Hardoi. The relevant facts leading to this reference are these; A Firat Class Magistrate of Hardoi committed Srilal, Bhaiyan Singh and Chhotey Bhaiya, opposite parties, to the Court of Sessions Hardoi, to stand their trial for offences punishable Under Sections 363 and 366, Penal Code. The same Magistrate further committed Sri Lai and Bhaiyan Singh to the same Court for trial for offences of rape punishable Under Section 376, Penal Code, the prosecution story being that Km. Ishwar Dei, a girl below 18 years was kidnapped by Srilal, Bhaiyan Singh and Ohhotey Bhaiya from village Manjhia which lay in the District of Hardoi with the intention that she may be raped by Srilal and Bhaiyan Singh. She was said to have been actually raped by the said two accused persons in village Beoli which fell within the district of Unnao. During the trial before the Temporary Civil and Sessions Judge, Hardoi, an objection was raised on behalf of the prosecution that the Hardoi Court had no jurisdiction to try the two accused persons for the offence of rape because that offence had not been committed within the jurisdiction of the Sessions Judge, Hardoi, but in the jurisdiction of the Sessions Judge, Unnao. This objection prevail, ed with the Seesiods Judge who has made this reference with the finding that the Magistrate posted in the District of Hardoi had no jurisdiction to inquire into the offence Under Section 378, Penal Code, and to pass committal proceedings in respect thereof. He has recommended that the commitment order relating to the offence of rape may be quashed.

(2.) I am of the opinion that the view that no inquiry as regards the offence of rape could be made by a Magistrate pobted in the district of Hardoi nor could that offence be tried by a Sessions Judge having territorial jurisdiction in the Sessions Division of Har. doi, is sound and correct.

(3.) SECTION 177, Criminal P. C. , provides that every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed. As the offence of rape, on the prosecution case, was committed within the local limits of the jurisdiction of the Courts of Unnao, it cannot be inquired into or tried by the Hardoi Courts. There is, however, an exception to the general rule and that is contained in 8. 179, Criminal P. C. which reads as follows :