Short Note : 1. The applicant had been convicted under section 323 of the Indian Penal Code and sentenced to pay a fine of Rs. 250. Held : The applicant is an old man aged 70 and all that he had done was that he gave two slaps to Rajesh Kumar. Instead of sentencing the old man to any punishment he should have been dealt with under section 3 of the Probation of Offender Act. Applicant admonished and fine refunded. Revision party allowed.