Short Note : 1. Applicants were convicted under section 363 IPC on 20.6.1974, the applicants kidnapped Lata (PW-1) aged about 9 years out of the lawful keeping of her guardian mother Jankibai (PW-2) from Mandu. The girl was then brought to Dhar where Liladhar applicant No. 2 met applicant No. 1 Gaja. Liladhar then took the girl along with Gaja to Tikamgarh and there she was sold to one Rakesh (PW-6) for Rs. 2,000/- and was also married to him. As regards applicant No. 1 Gaja it was submitted, that at the time of incident, he was below 18 years of age as was evident from the material placed on record and had been found by the trial Court that the main culprit was applicant No. 2 Liladhar who took the applicant No. 1 into his clutches with the result that he fell a pray to the misdeeds of Liladhar. Learned counsel for the applicant further submitted that considering this fact and the age of the applicant No. 1, the sentence awarded to him was excessive and he being below 21 years of age at the time of incident, he deserved the benefit of the provisions of section 6 of the probation of Offenders Act. 2. It is true that the nature of offence proved against the applicant No. 1 is a serious one but it also appears that taking undue advantage of his tender age, the applicant No. 2, in order to satisfy his selfish purpose, used the applicant No. 1, as a media and persuaded him to act according to his instructions. Therefore this Court is of opinion that instead of sending the applicant No. 1 to suffer the remaining Jail sentence, it is expedient to release him on probation of good conduct. Saisul vs. State of U.P. AIR 1977 SC 1822 , referred to. Revision partly allowed.