ORDER : S. Ratnavel Pandian, J. 1. Special leave granted. 2. The State of Rajasthan has preferred this criminal appeal canvassing the correctness of the judgment of the High Court in releasing the respondent under the benevolent provisions of the Probation of Offenders Act after having confirmed the conviction under Section 326 Indian Penal Code to which the sentence of life is provided for as the upper limit. As rightly pointed out by the learned counsel for the respondent, the High Court has committed an illegality in extending the provisions of Probation of Offenders Act for the conviction under Section 326. Accepting the above submission, the judgment of the High Court in extending the relevant provisions to the respondent is set aside. 3. Since the sentence of imprisonment is a mandatory one, we have no other option except to sentence the respondent who is before us to the sentence of imprisonment. Taking into consideration, the age of the respondent and other various circumstances attending the prosecution case, we while confirming the conviction and allowing the appeal, sentence the respondent till rising of the Court. The appeal is allowed. Appeal allowed.