Short Note : 1. Regarding the question of sentence, the appellant's age has been mentioned in the judgment to be 18 years. It is not clear as to how the Additional Sessions Judge mentioned this age. In the challan age of the appellant has been given to be 22 years. In his statement under section 342 of Cr. P. Code in the committal Court, his age has been mentioned to be between 18 to 22 years and in the Sessions Court his age has been mentioned to be 20 years. The appellant gave no evidence in proof of his age nor he raised any plea that he was entitled to the benefit under section 6 of the Probation of Offenders Act, his age being 21 years. As such, the appellant cannot be given any benefit under the Probation of Offenders Act in the appellate stage. Yadurai Singh v. State of U.P., AIR 1977 SC 698 , relied on. Appeal partly allowed.