JUDGMENT - (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. Junank

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