sexual history, including with the offender shall not imply consent or mitigate the offence; (x) corrupts or fouls the water of any spring, reservoir
hundred rupees, or with both. Explanation.— Grave and sudden provocation will not mitigate the punishment for an offence under this section. If the provocation ... private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact
which when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause
relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn up and in doing so the mitigating
circumstances have ... just
balance has to be struck between the aggravating and the
mitigating circumstances before the option is exercised.
39. In order to apply these guidelines
other means, purports or claims to prevent, cure or mitigate any such disease or ailment, or to have any such other effect
theory of residual doubt........................................................112
The crime and criminal tests: Aggravating and Mitigating
circumstances of the present case................................................117
Conclusion............................................................................128
Preliminary
Leave granted ... Trial Court as also the High Court
have not properly examined the mitigating factors existing in favour of the
appellant, including the residual doubts
these Acts to streamline the procedures, to safeguard revenue interest, to mitigate hardships of the assessees in assessment matters, and to include the provisions relating
In Reference vs Vinod @ Rahul Chouhatha on 8 August, 2018
Bench: Hemant Gupta , Vijay Kumar
minor girl,
after striking a balance between the aggravating and mitigating
circumstances. Several other factors like the young age of the accused,
the possibility ... criminal assault. Judgment was delivered prior to Bachan Singh (supra),
therefore, the mitigating circumstances concerning the criminal were not
seen addressed. Stress was more
appropriate sentence to be awarded for an offence, the aggravating
and mitigating factors and circumstances in which a crime has been committed ... relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be drawn up
and in doing so the mitigating circumstances have