1. - The accused appellant Lal Singh has filed this appeal against the judgment and order dated 16.12.1988 of the Additional Sessions Judge No. 1 Bharatpur in Sessions Case No. 41/1987 whereby he has been convicted under Section 325 I.P.C. to suffer sentence of one year R.I. and fine of Rs. 3,000/- and in default of payment of fine to further suffer three months R.I.

2. The learned counsel for the appellant has not challenged the conviction of the appellant under Section 325 I.P.C. but he has only requested that the occurrence took place on 15.2.1987 which is 26 years ago and the accused appellant is having family and he belongs to a respectable family, hence, he should be released on probation.

3. The learned Public Prosecutor opposed the same.

4. I have heard the learned counsel for the parties.

5. It is an admitted fact that the accused appellant faced the trial and appeal period almost 26 years and he belongs to a respectable family and having his family and children. After considering all the facts and circumstances of the case particularly the age of the accused appellant and already faced the trial and appeal period for the last 26 years, I am of the view that ends of j