Short Note : 1. The appellant have filed this appeal against the judgment dated 9th July 1976, passed by the Sessions Judge, Shajapur, in Sessions Trial No. 31/1976, convicting them for the offence under section, 435, IPC, and sentencing each of them to suffer rigorous imprisonment for five years and a fine of Rs. 1000/-, in default, further rigorous imprisonment for one month and further directing, out of the fine realised, to pay Rs. 1500/- to Umraosingh, the complainant. Held: Conviction of an accused can be based on the single testimony of a witness provided he is reliable. The decision of the case does not always rest on plurality of witnesses, as evidence has to be weighed and not counted. It is the substance which is of importance. The matter must depend upon circumstances of each case and the quality of evidence of the single witness whose testimony has either to be accepted or rejected. If such a testimony is found by the Court to be entirely reliable, there is no legal impediment to the conviction of the accused persons on such proof. Considered in this light, the conviction of the appellants based on the evidence of Umraosingh P.W. 1, which is also corroborated by the other evidence, cannot be said to be Improper. 2. However, as regards appellant No. 2-Ramesh, he is stated to be below 21 years of age even now and, in support of his age he has filed an affidavit which is supported by a copy of his school leaving certificate according to which his date of birth is stated to be 9th August, 1958. In these circumstances, considering his age, together with the facts and circumstances of the case I am of opinion that he deserves the benefit of section 4 of the Probation of Offenders Act. Therefore, instead of sending him to suffer Jail sentence, it is expedient to release him on probation of good conduct. Accordingly, it is ordered that appellant No. 2-Ramesh be released on his entering into a bond of Rs. 5000/- (Rupees five thousand) with one surety in the like amount to the satisfaction of the trial Court, for a period of two years to appear and receive his jail sentence when called upon during such period and in the mean time to keep the peace and be of good behaviour. 5000/- (Rupees five thousand) with one surety in the like amount to the satisfaction of the trial Court, for a period of two years to appear and receive his jail sentence when called upon during such period and in the mean time to keep the peace and be of good behaviour. The bond shall be furnished by him within one month from to day.