JUDGMENT 1. - The petitioner is accused of offence under Section 376, Indian Penal Code. The incident is of 24th October, 1987 and the report of the same was lodged on 31st Oct., 1987 at the Police Station Mandawar and the petitioner was arrested only on 6th January, 1987. 2. The prosecutrix in the case is Sushila who, at the time of commission of the offence was 11-13 years of age according to the Medical Report. She was examined medically and the Medical Report corroborates the commission of the offence. 3. The main argument, which is urged on behalf of the petitioner is that he was 151/2 years of age at the time when the offence was committed. In support of it, a certificate of age, obtained from the school where he had studied has been produced. It has also been mentioned in the application that the age certificate was produced before the Sessions Judge but no reference has been made in its order, rejecting the bail of the petitioner. 4. Under Section 437, Criminal Procedure Code there is a provision that if the accused is below 16 years of age and there are reasons for believing that he has committed offence punishable with death or imprisonment for life even then he can be released on bail. Though, it is to be considered in the facts and circumstances of the case, it can also be said that the accused is under 16 years of age has to be tried by the Juvenile Magistrate under the Juvenile Justice Act and considering the provisions and all the facts and circumstances, it can be said that the petitioner should ordinarily not be detained in judicial custody. 5. The petitioner should move the trial court for purposes of getting his case decided by the Juvenile Magistrate and for this purpose he shall offer sentence and the prosecution should be given opportunity for contesting the same At present it can be said that the accused is of the age where in his case for purpose of grant of bail can be considered sympathetically and in view of this, can be released on bail. 6. 6. It is, therefore, ordered that the accused petitioner Shambhu Dayal be released on bail provided he furnishes a personal bond in the sum of L 3,000/-(Rupees Three Thousand) with one surety in the like amount to the satisfaction of the trial court with the stipulation to appear before that court on all dates of hearing during the pendency of trial against him in this case.Bail granted. *******