RAMPRATAP Vs. STATE

JUDGEMENT

(1.) THE learned Additional Sessions Judge, Jhalawar, 1ms recommended the quashing of the order of the Magistrate, Bhawani-mandi whereby he has held that the inquiry of offences under Sections 360 and 376 I. P. C. , although committed at bhawani-mandi and Indore respectively, could be conducted by him at bhawanimandi.

(2.) THE facts which it is necessary to recall for the disposal of this reference, briefly stated, are these. Rampratap has been accused of kidnapping a minor girl Geeta from Bhawanimandi (Rajasthan) on or about the 13th March, 1967. He took her to indore and there on or about the 16th March, 1967, committed rape upon her. On behalf of the accused, a question was raised that the offences under Section 376 I. P. C. according to the prosecution having taken place at Indore, the learned Magistrate, Bhawanimandi, had no jurisdiction to inquire into it. This objection was rejected by him. He held that Section 177 read with Section 180 Cr. P. C. and more particularly its illustration (c) authorised him to inquire into the case at bhawanimandi. The accused came in revision before the Additional Sessions Judge and he has made the recommendation as indicated earlier.

(3.) MR. K. N. Tikku, learned counsel for the accused, supports the reference while the learned Deputy Government Advocate opposes it.