EMPEROR Vs. MOHANLAL ADITRAM

JUDGEMENT

(1.) The Presidency Magistrate, 4 Court, has committed the accused to take his trial before this Court on two charges, The first charge is under Section 366 of the Indian Penal Code. The accused is charged under that head with having on April 3, 1928, at Bombay, kidnapped a girl Manibai with intent that she may be forced to illicit intercourse or knowing it to be likely that she would be forced to illicit intercourse. The second charge is under Secs.376 and 114 of the Indian Penal Code, It runs as follows: That you did aid and abet one Manilai (at large) who oommitted rape on April 4, 1928, on the girl Manibai at Ahmedabad and thereby committed an offence punishable under Section 376 read with Section 114 of the Indian Penal Code and within the cognizance of the High Court.

(2.) The offence of rape is alleged to have been committed at Ahmedabad and the accused is alleged to have abetted that offence by his presence and would therefore be liable to the same degree of punishment as the offender. The offence of abetment, with which the accused is charged, is alleged, therefore, to have taken place at Ahmedabad. Section 177 of the Criminal Procedure Code provides that : Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.

(3.) It is clear, in my opinion, that this Court has no jurisdiction to try the second offence with which the accused is charged.