( 1 ) THIS is a petition for revision of an order of a learned Sessions Judge directing a Magistrate to commit the opposite party to the Court of Session for trial upon a charge under Section 366, Penal Code.

( 2 ) THE charge against the petitioner was that he had gone off with the wife of one Fakir Mohammed and apparently had lived with her for some time.

( 3 ) A complaint was made and the matter was investigated by a Magistrate. Two possible charges could have been framed, one under Section 366, Penal Code and one under Section 498, Penal Code. After hearing the evidence the learned Magistrate framed a charge under Section 498 that is of enticing away a married woman with intent that she may have illicit intercourse with another person.

( 4 ) THE Sessions Judge was moved in revision and he appears to have thought that the proper charge here was under Section 366, Penal Code and he directed a commitment upon that charge. The learned Judge assumes that what the husband said that the girl was seventeen is true. It must be remembered that the learned Magistrate had the advantage of not only hearing the girl but seeing her and forming his own impression about her ag