Arora submitted that weight had to be given to mitigating
circumstances, to guide sentencing discretion; relevant factors being – age at
which the offence was committed ... essential, and must be
undertaken. It was argued that the mitigating circumstances, and report of the
probation officer were neither considered by the trial court
rarest of rare cases. There may be aggravating as well
as mitigating circumstances which are to be examined
by the Court. At the same time ... offence as well as the
circumstances extenuating or aggravating the offence. A
large number of aggravating circumstances and mitigating
circumstances have been pointed
concerned, it is argued that all the factors such as aggravating
circumstances, mitigating circumstances and the tests to be applied viz.
'crime test
special reasons" when there
were no mitigating circumstances.
95. Section 235 (2) of the CrPC is not a mere formality. It is obligatory ... balance sheet of aggravating and mitigating circumstances
has to be drawn up and in doing so the mitigating circumstances have to
be accorded full weightage
Raju S/O. Chhannulal Birha vs The State Of Mah. Thr. Its Pso, Ps Hingna
The State Of Mah. Thr. Pso Ps Hingna ... vs Raju S/O Chhannulal Birha on
capacity to bring forth
mitigating factors, Bachan Singh has placed the burden of eliciting
mitigating circumstances on the Court, which has to consider them
liberally ... capacity of the accused to bring forth mitigating factors, the burden of
eliciting such mitigating circumstances is on the Court. Whereas, the
responsibility to provide
capacity to bring forth
mitigating factors, Bachan Singh has placed the burden of eliciting
mitigating circumstances on the Court, which has to consider them
liberally ... capacity of the accused to bring forth mitigating factors, the burden of
eliciting such mitigating circumstances is on the Court. Whereas, the
responsibility to provide
mitigating and
aggravating circumstances governing the convict and
arrived at the finding that, the aggravating circumstances
outweighed the mitigating circumstances in favour of the
convict ... mitigating factors in
his favour. His conduct subsequent to his arrest is another
factor which has to be considered as a mitigating
circumstance in favour
that, every accused/convict has a right to place on record
mitigating circumstances for the 'Court's consideration' at the time ... question of sentence,
and if interested, to lead evidence to show mitigating circumstances for
imposition of a lesser sentence. She submitted that, this includes
