22. In Mulla v. State of Uttar Pradesh8 this Court specifically noted in paragraph 80 of the Report that one of the factors that appears to have been left out in judicial decision-making on the issue of sentencing, is the socioeconomic factor which is a mitigating factor although it may not dilute the guilt of the convict. This is what this Court held: “80. Another factor which unfortunately has been left out in much judicial decision-making in sentencing is the socioeconomic factors leading to crime. We at no stage suggest that economic depravity justify moral depravity, but we certainly recognise that in the real world, such factors may lead a person to crime. The 48th Report of the Law Commission also reflected this concern. Therefore, we believe, socio-economic factors might not dilute guilt, but they may amount to mitigating circumstances. Socio-economic factors lead us to another related mitigating factor i.e. the ability of the guilty to reform. It may not be misplaced to note that a criminal who commits crimes due to his economic backwardness is most likely to reform. This Court on many previous occasions has held that this ability to reform amounts to a mitigating factor in cases of death penalty.” (Emphasis supplied by us). 23. In Kamleshwar Paswan v. Union Territory of Chandigarh9 this Court noted the fact that the convict was a rickshaw puller and a migrant with psychological and economic pressures. The socio-economic condition of the convict was therefore taken into consideration for the purposes of sentencing him. It was held in paragraph 8 of the Report as follows: 8 (2010) 3 SCC 508 9 (2011) 11 SCC 564 R.P. (Crl.) No.245 of 2010 in Crl. Appeal No. 811 of 2009 Page 13 of 19

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