Short Note : 1. The applicant was an accused of an offence under sections 366 and 376, Indian Penal Code. He moved an application for anticipatory bail under section 438 of the Code of Criminal Procedure. Held : This Court has heard learned counsel for the applicant as well as panel lawyer and perused the case diary. The applicant is a boy of about 19 years of age. According to the medical report the prosecutrix Sadhana is a girl of about 16 to 18 years of age. In the mark sheet issued from the Kasturba Kanya Uchyatar Madhyamik Vidyalaya, Indore, the date of the birth of the prosecutrix is shown as 10th April 1960. The lady doctor examined the prosecutrix and advised for X-ray examination for confirmation of the age. The X-ray report is, however, no available, in the case diary. However, the above evidence indicates that the girl had attained the age of discretion. In the clinical examination of the prosecutrix the lady doctor did not find any evidence of sexual intercourse. Thus looking to the facts and circumstance of the case, this Court is of the view that this is a fit case wherein the applicant should be granted anticipatory bail. Petition allowed.