1. This is an application for release on bail of Kishan Singh petitioner who is being proceeded against for an offence under Ss. 363/366/376, Indian Penal Code. The learned Sessions Judge, Ludhiana, refused to release him on bail on the 29th August 1959 on the ground that commitment proceedings were going on and the statement of the prosecutrix had already been recorded. After going through the statement of the prosecutrix the learned Judge observed that the allegations of rape had been made against the petitioner. The learned Sessions Judge refused to express any opinion, and in my opinion rightly, on the contention raised by the counsel for the accused that the prosecutrix was more than 18years of age.

2. In this Court Mr. K. L. Jagga has made an attempt to show that the age of Smt. Jito, the prosecutrix, has not been conclusively established to be less than 18 years and that from her conduct it appears that she was a consenting party. It is not open to this Court nor is it desirable to express any opinion on the merits of the case at this stage, particularly in the absence of record. The counsel then contended that the petitioner, who is a respectable person with a fairl