Sachin Kumar Singhraha vs The State Of Madhya Pradesh on 3 March, 2016
(1)
Criminal
Trial Court thereafter compared the `aggravating
circumstances’ vis-a-vis the `mitigating circumstances’ and
having found that the crime was committed in a most brutal ... High Court drew up the balance sheet of the `aggravating’ and
`mitigating’ circumstances and after their comparative
analysis, it concurred with the extreme penalty awarded
been given.
Both sentences have been given ignoring the mitigating
circumstances. The accused is suffering from polio of left leg. It is
also that ... give death
sentence. The Court was expected to consider mitigating
circumstances while giving punishment to the accused.
Learned counsel has made reference of the judgment
been given.
Both sentences have been given ignoring the mitigating
circumstances. The accused is suffering from polio of left leg. It is
also that ... give death
sentence. The Court was expected to consider mitigating
circumstances while giving punishment to the accused.
Learned counsel has made reference of the judgment
ought not to
have been awarded in this case. On the mitigating circumstances
Mr.Shaikh placed reliance on the following authorities:
a) Shankar Kisanrao Khade ... nature and circumstances of the
crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
ought not to
have been awarded in this case. On the mitigating circumstances
Mr.Shaikh placed reliance on the following authorities:
a) Shankar Kisanrao Khade ... nature and circumstances of the
crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
nature and circumstances of the
crime and all the relevant circumstances;
(iv) A balance-sheet of aggravating and
mitigating circumstances has to be drawn ... doing so the mitigating
circumstances has to be accorded full
weightage and a just balance has to be
struck between the aggravating and the
mitigating
Applicant vs Sandesh Alias Sainath Kailas Abhang on 25 March, 2011
Author: B.H.Marlapalle
Applicant vs Sandesh Alias Sainath Kailas Abhang on 25 March, 2011
Author: B.H.Marlapalle
prosecutrix below 16 years of age cannot be treated as
a mitigating circumstance."
It is further observed in view of the fact that ... accused had
married the girl, it cannot be taken as mitigating circumstance or even the
consent of the minor cannot be taken as mitigating circumstance
