STATE OF BOMBAY Vs. MOHANMADH KHAN

JUDGEMENT

(1.) The opponent Mohamadkhan son of Hasankhan, aged about 25, by occupation a bidimanufacturer, of Nagpur, is being prosecuted before the First Additional Sessions Judge, Nagpur, for an offence under Section 366 of the Indian Penal Code in Sessions Trial No. 34 of 1959. The prosecution alleged that he was responsible for kidnapping one Mst. Lila wife of Karudas who a worker in the bidi factory owned by him. Mst Lila had been working there during the year 1958 and on or about 16-7-1958 she had a quarrel wiith her husband karudas. As a result of the quarrel she left her husbands place and was going to her grand mothers place at about 8-30 or 9.pm At about this time the opponent is said to have met her on the road and persuaded her to accompany him. She was taken to the house of Babibkhan (P.W.5) where she was kept for two days. With the merits of these allegations I am not here concerned.

(2.) After part of the prosecution evidence had been tendered before the sessions court, the sessions trial was by order dated 22-7-1959 of the sessions Judge, Nagpur, transferred from the court of Mr. B.V. Patwardhan Extra Additional Sessions Judge, Nagpur, to the court of Mr. T.L. Junankar, First Additional Sessions Judge. The order impugned in this revision application was passed on the 22nd July 1959.

(3.) A day before the case was transferred as stated above the prosceution filed an application before Mr. Patwardhan that three witnesses whom the prosecution had not examined during investigation should be allowed to be summoned and examined in the interests of justice. The three witnesses were Dr. Kanikadaley, the Radiologist, Mayo Hospital, Nagpur, Karudas, the husband of the complainant Mst. Lila and Rama, her father. In their application dated 20-07-1959 the prosecution indicated that the evidence of the husband was necessary on the question of the proof of marriage and lawful guardianship of Mst. Lila on 16-7-1958 and the fathers evidence was necessary in order to prove her age and the report relative to the birth of Mst. Lila made to the police on 24.5.1941 The Exta Additional Sessions Judge Mr. Patwardhan rejected this application so far as the last mentioned two witnesses were concerned. Thereafter as I have said above, the trial was transferred to the court of Mr. T. L. Juanankar, the First Additional Sessions Judge Nagpur.