AMARESHWAR SAHAY, J. - (1.) THIS case has come by way of reference under Section 395 of the Code of Criminal Procedure, which has been referred by the Additional Sessions Judge, F.T.C. II Bermo at Tenughat for deciding the question that as to whether the said Court can proceed after framing of the charge against the accused and try the case inspite of the fact that the record shows that place of occurrence is within the local limits of District and Sessions Judge, Hazaribagh.
(2.) FROM the order dated 20th February, 2003 passed by the Addl. Sessions Judge in S.T. No. 332 of 2002 it appears that the records of sessions trial was received before the Sessions Judge Bokaro for conducting the trial against the accused, Kalimuddin Khan for committing the offence under Sections 376/511 of the Indian Penal Code, after the said case was committed by the A.C.J.M. Bermo at Tenughat. The learned Additional Sessions; Judge by his order dated transferred the said Sessions Trial to the Court of Addl. Sessions Judge F.T.C. II Bermo at Tenughat for disposal. The learned Additional Sessions Judge has set out the facts in his order dated 20.2.2003, from which it appears that Mahuatand P.S. case No. 22 of 2002 was registered on the basis of the information lodged by one Gita Devi against the accused Kalimuddin Khan. The victim lady alleged that on 9.7.2002 she along with her husband had gone to the clinic of the accused for her treatment, where the accused is said to have attempted to commit rape on the informant, on the pretext of treatment. From the First Information Report it appears that the clinic of the Doctor was situated at village Sondiha within Ghato Police station which falls in the district to Hazaribagh.
(3.) AS has been mentioned, in the order dated 20.2.2003, of the learned Addl. Sessions Judge, it appears, that both the sides i.e. prosecution, as well defence, admit that place of occurrence falls within the district of Hazaribagh.;