JUDGMENT 1. - The petitioner Radhia has been convicted u/s 457 I.P.C. and sentenced to one year's R. I. and a fine of Rs. 200/- by the learned Munsif and Judl. Magistrate, Siwana on 26.6.84. His appeal before the learned Sessions Judge, Balotra failed. Hence this revision. 2. I have heard the learned counsel for the petitioner and the learned P. P. 3. The only contention raised before me by the learned counsel for the petitioner is that the petitioner is a boy aged twenty one years. He has no previous conviction against him nor was there any ground for refusing probation looking to anticidents or character of the petitioner. The learned Sessions Judge refused probation only on the ground that the accused appeared to be about 30 years of age. 4. Having heard the learned counsel for the petitioner, and the learned P. P., I am of the opinion that the petitioner may be granted probation. According to the arrest memo itself, the age of the accused was 21 years. The learned Sessions Judge has not given any material for his estimate that the accused was about 30 years of age at the time of his conviction and about 24 years of age at the time of the occurrence. The estimate of age in this manner without any grounds is rather A hazardous and there is no reason to disbelieve the estimate of age made by the Investigating Officer at the time of the arrest of the accused. Further looking to the circumstance of this case and the fact that no material appears on the record to show that the character or anticident of the accused more are such that be is not a lit person for granting him an opportunity of rehabilitation. In these circumstances, lam clearly of the opinion that the petitioner may be granted probation. The learned counsel for the petitioner has not challenged the conviction at all. 5. I, therefore, partly allow this revision and while maintaining the conviction of the petitioner u/s 457 I. P. C. set a side the sentence awarded to him. He is not sentenced to any punishment forthwith but shall be released on his entering into a bond in the sum of Rs. 5000/-(Rs. five thousand) with two sureties of Rs. 5. I, therefore, partly allow this revision and while maintaining the conviction of the petitioner u/s 457 I. P. C. set a side the sentence awarded to him. He is not sentenced to any punishment forthwith but shall be released on his entering into a bond in the sum of Rs. 5000/-(Rs. five thousand) with two sureties of Rs. 2500 (Rupees two thousand five hundred) each with satisfaction of M.J.M. Siwana to appear and receive sentence whenever called upon to do so within a period of two years and in the meantime, to keep the peace and be of good behaviour. I further direct that the petitioner shall pay Rs. 100/- by way of compensation to the complainant Smt. Rohini Devi and a sum of Rs. 100/- by way of cost of the proceedings to the State. This ^mount shall be paid within one month from today.Revision partly allowed. *******