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 Sessi