JUDGMENT

R. Chandra, J. - This revision has been filed by the State of U. P., against the following order passed by the Sessions Judge, Barabanki in Criminal Appeal No. 94 of 1964 :-

" ............................ the factum of the rape is proved beyond reasonable doubt. But having regard to the fact that the appellant is a first offender; his age is merely 20 years and he is the next door neighbour of the prosecutrix, it would he expedient to release him on probation of good conduct, otherwise the relations between the two neighbours may take the form of a long-standing feud. Therefore, having regard to the circumstances of the case and the age of the appellant, I feel that it is expedient to release him on probation of good conduct..................... I direct that he be released on his entering into a personal bond for Rs. 250.00, with two sureties, each in the like amount, to appeal- and receive sentence when called upon during a period of three years from today's date and in the meantime to keep the peace and he of good behaviour."

2. Wali Mohammad, opposite party, was tried for the offence under Section 376, Indian Penal Code, by the Assistant Sessions Judge and he found him g