mitigate the circumstance for not imposing the death sentence.”
In conclusion, the High Court held that the aggravating
circumstances outweighed the mitigating circumstances ... nature and circumstances of the crime and all the
relevant circumstances.
(iv) A balance sheet of aggravating and
mitigating circumstances has to be drawn
looking to those circumstances. The
"aggravating circumstances" suggested in Bachan Singh (supra) are
reproduced as under:-
"Aggravating circumstances:- A Court may, however ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
appropriate sentence by the Court. There are no extenuating or mitigating circumstances available on the record which may justify imposition of any sentence less than ... rapist.
24. Therefore, for reducing sentence awarded against the appellant, mitigating circumstances have to be considered by this Court, although, learned Amicus Curiae has relied
nature and circumstances of the crime and all the
relevant circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn ... death sentence. The mitigating
circumstances and the aggravating
circumstances have to be balanced. In the
balance sheet of such circumstances, the fact
that the case
this
case underlined that full weightage must be
accorded to the mitigating circumstances in a case
and a just balance had to be struck between ... aggravating and mitigating circumstances. The
Court further held that the relevant factors to be
taken into consideration may be motive for, or the
manner
confirmed on
account of aggravating circumstances or due to having
some mitigating circumstances, it may be converted into the
imprisonment for life not less than ... nature and
circumstances of the crime and all the relevant
circumstances.
(iv) A balance sheet of aggravating and mitigating
circumstances has to be drawn
Trial Court thereafter considered the question of sentence. It considered mitigating circumstances i.e. age of appellant, his socio economic condition and the fact that ... nature and circumstances of the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be drawn
Trial Court thereafter considered the question of sentence. It considered mitigating circumstances i.e. age of appellant, his socio economic condition and the fact that ... nature and circumstances of the crime and all the relevant circumstances.
(iv) A balance sheet of aggravating and mitigating circumstances has to be drawn
Sessions Court has erred in
considering certain circumstances to be mitigating
circumstances which can take the case of the respondent
out of the purview ... circumstances
against the accused and in his favour can be as under on
the basis of the facts of the case:-
Sr. Aggravated Circumstances Mitigating
In Reference vs Vinod @ Rahul Chouhatha on 8 August, 2018
Bench: Hemant Gupta , Vijay Kumar
