sticks.
23. The High court also dismissed the appellant’s plea
for leniency based on parity with the co-accused. It
emphasized that the role ... evidence and the legal principles
involved, the appellant’s plea for leniency on the
grounds of spontaneity and lack of premeditation
cannot be sustained
criminal antecedents or history. He
had no vices and, therefore, he deserves leniency. Dr. Choudhry
would also argue that in view of the report ... question of considering it
as a mitigating circumstance and showing any leniency to the
convict. Rather, it is the most aggravating circumstance. We,
therefore
both the courts below are
required to be upheld then sought for leniency while imposing
the sentence. Learned counsel for the accused also submits
that ... years have been lapsed by itself cannot be a ground to show
leniency
want to pursue the appeal on merits and they would seek for leniency
of this Court only on mercy, since they have been convicted only ... intend to pursue the appeal on merits and they claim only leniency
and indulgence of this court on sympathetic grounds.
16. Today, when the matter
appellant submitted that,
though, the offence is held to be proved, some leniency be shown
by reducing the sentence imposed on the appellant. He submitted ... continuously in custody for more than 9 and half years. Therefore,
some leniency be shown to him. According to the victim, the
appellant was married
period of
1½ year and Court has to show the lenience. The counsel
submits that his name is Basavegowda @
Basavarajegowda, this fact has already been ... impersonated himself. When such being the case, question
of exercising any lenience as contended by the revision
petitioner's counsel does not arise
submitted by the learned counsel for the applicant that
some leniency was required in the punishment but the punishment of
removal has been awarded ... deposited the amount also.
Therefore, he was entitled for some leniency.
5. On the other side, the respondents' counsel oppose the
contention and submitted
Just Rights For Children Alliance vs S. Harish on 23 September, 2024
Author: Dhananjaya Y
other words, the question is whether the High
Court had shown undeserving leniency and sympathy to
accused Nos.1 and 2 even after finding that ... said offence, if proved to have been
committed, the offender deserves no leniency as it is a
serious offence. To buttress the said contention
gruesome and
heinous in nature and does not call for any leniency by this Court.
20. We have gone through the impugned judgment and order ... committed are of extreme nature and do not call for
any leniency.
31.2. This Court also observes that the principle of death penalty
has been