ORDER

Bajpai, J. - This is an application by Sarnam Singh, Kishen Lal and Ram Phool alias Man Phool who were tried by a Magistrate of the first class u/s 368, Penal Code, and sentenced to one year's rigorous imprisonment and Rs. 100 fine. Their conviction and sentence were affirmed in appeal by the learned Sessions Judge.

2. In revision it has been argued before me that the learned Magistrate had no jurisdiction to try this case. It is said that u/s 368, Penal Code, the accused who wrongfully conceals or keeps in confinement a kidnapped or abducted girl shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge or for the same purpose as with that or for which he conceals or detains such person in confinement. The argument is that it is possible that according to circumstances an offence u/s 368, Penal Code, might be punishable in the same manner as an offence u/s 363, Penal Code, or as an offence u/s 366, Penal Code. An offence u/s 363, Penal Code, is triable by a Court of Session, Presidency Magistrate or Magistrate of the First Class, but an offence u/s 366, Penal Code is triable exclusively by a Court of Session.

3. In