( 1 ) THE Sessions Judge, Chickmagalur, made a reference under Section 186 of the Code of criminal procedure, 1973, in Sessions Case No. 16 of 1978, on the file of his Court, to this court. In the said reference he has expressed a doubt whether the Court of Session at chickmagalur has jurisdiction to try the offence punishable under Section 376 of the Indian penal Code, which is said to have been committed by the accused not within the territorial jurisdiction of the said Court, but committed it within the territorial jurisdiction of the court of session at Shimoga. To resolve the said doubt, he made the above reference to this Court, which came up for consideration before the learned Single Judge on 5-2-1979, who after adverting to the decision of a Bench of this Court in State v. Tavara Naika (AIR 1959 Mys. 193 : (1959 Cri lj 1004)) arrived at the conclusion that the said decision requires reconsideration in view of the fact that the ingredients of Section 366 of the Indian Penal Code have to be taken into consideration before deciding which Court would have jurisdiction to try an offence under section 376 of the Indian Penal Code where the offence of Kidnapping puni