KALYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED petitioner Kalyan has filed this bail application under Section 439, Cr. P. C. in FIR 11/81, in which he has been arrested, and charged with offence under Section 376, I. P. C. The prosecution case is that accused committed rape with a girl Mst. Ram Pyari who happens to be 14 years of her age. The girl received injuries and became unconscious. 'ghaghari' and underwear of the girl were found bloodstained.

(2.) DURING the course of investigation, a bail application was moved before the Sessions Judge, Kota, who has rejected it on February 6, 1981.

(3.) SHRI Ravi Kasliwal, the learned Counsel for the accused-petitioner submitted that the accused is a boy of 16 years of age and is, therefore, entitled to bail under Section 18 of the Rajasthan Children Act, 1970, hereinafter referred to as 'the Act of 1970'. Section 18 of the Act of 1970 reads as under: