The main legal principle established is that the jurisdiction for trying criminal offences is determined by the location where the offence was committed, and S. 179 of the Criminal P.C. applies when the act and the consequence together constitute the offence.

This reference has been made by the Temporary Civil and Sessions Judge, Hardoi. The relevant facts leading to this reference are these : A First Class Magistrate of Hardoi committed Srilal, Bhaiyan Singh and Chhotey Bhaiya, opposite parties, to the Court of Sessions Hardoi, to stand their trial for offences punishable under Ss. 363 and 366, Penal Code. The same Magistrate further committed Sri Lal and Bhaiyan Singh to the same Court for trial for offences of rape punishable under S. 376, Penal Code, the prosecution story being that Km. Ishwar Dei, a girl below 18 years was kidnapped by Srilal, Bhaiyan Singh and Chhotey Bhaiya from village Manjhia which lay in the District of Hardoi with the intention that she may be raped by Srilal and Bhaiyan Singh. She was said to have been actually raped by the said two accused persons in village Beoli which fell within the district of Unnao. During the trial before the Temporary Civil and Sessions Judge, Hardoi, an objection was raised on behalf of the prosecution that the Hardoi Court had no jurisdiction to try the two accused persons for the offence of rape because that offence had not been committed within the jurisdiction of the Sessions Judge, Hardoi, but in the jurisdiction of the Sessions Judge, Unnao. This objection prevailed with the Sessions Judge who has made this reference with the finding that the Magistrate posted in the District of Hardoi had no jurisdiction to inquire into the offence under S. 378, Penal Code, and to pass committal proceedings in respect thereof. He has recommended that the commitment order relating to the offence of rape-may be quashed.

2. I am of the opinion that the view that no inquiry as regards the offence of rape could be made by a Magistrate posted in the district of Hardoi nor could that offence be tried by a Sessions Judge having territorial jurisdiction in the Sessions Division of Hardoi, is sound and correct.

3. Section 177, Criminal P.C., provides that every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed. As the offence of rape, on the prosecution case, was committed within the local limits of the jurisdiction of the Courts of Unnao, it cannot be inquired into or tried by the Hardoi Courts. There is, however, an exception to the general rule and that is contained in S. 179, Criminal P.C. which reads as follows :

"When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued."

The facts of this case are not covered by S. 179, Criminal P.C. Section 179 applies when the Act is an offence by reason of anything which has been done, and of any consequence which has ensued. But where the act or omission is a complete offence irrespective of any consequence which has ensued, this section does not apply, and the offence is to be inquired into and tried only by the Court within whose jurisdiction the act was committed. This section contemplates two things : The first is that the offender has done an act and the second is that a consequence has followed from such act. The offences contemplated under S. 179 are those which are not complete till a special consequence has ensued. The consequence must be an essential ingredient of the offence. This, however, cannot be predicated of an offence punishable under S. 376, I.P.C. The offence of kidnapping is complete as soon as the person is kidnapped with the requisite guilty intention or knowledge, and the consequence of the kidnapping or abduction does not form an essential part of the offence of kidnapping or abduction under S. 366. That being so, under S. 179 the offence of kidnapping and rape could not be inquired into or tried by the Courts at Hardoi. Only the offence of kidnapping co