( 1 ) THIS application for a certificate of fitness under Article 134 (1) (c) of the constitution of India has been filed by the accused, who was convicted of an offence under Section 376, Indian Penal Code on 7-9-1957 by Shri D. D. Shrivastava, Additional Sessions Judge, Damoh, and sentenced to undergo three years' detention in the Borstal Institute, Narasimhapur. An appeal fi. e. Criminal appeal No. 347 of 1957) filed by him was dismissed on 3-4-1958 by a Single bench of this Court, presided over by V. R. Sen J.

( 2 ) ON 16-54958, the applicant filed an application for being released on probation, claiming benefit of Section 4 (b) (ii) of the C. P. and Berar Probation of Offenders act No. I of 1936. It was registered as Miscellaneous Criminal Case No. 88 of 1958. The learned Judge by order dated 14-8-1958 dismissed the application, holding that the applicant could not claim benefit of the said section, as he had been convicted of an offence, which was punishable with imprisonment for life. Relying on the cases. Emperor v. Nga San Htwa, ILR 5 Rang 276: (AIR 1927 Rang 205) (FB) In Re Ezhuvan Vellappan, AIR 1943 Mad 681, and Public Prosecutor madras v. Paneswara Rao, AIR 19