Observing that Mohammed Ajmal Amir Kasab, prime accused in the Mumbai terror attack, is not a minor, a Special Court ruled on Saturday that it had the jurisdiction to try him.
Judge M L Tahiliyani accepted the evidence tendered by jail Superintendent Swati Sathe and Dr V Ramamurthy that Kasab had informed them that his age was 21 years.
The Judge also took into consideration Ossification (bone) and dental test reports which indicated that he was above 20 years of age.
"I am made to believe by the witnesses examined that the accused was 21 years at the time of attack and his date of birth is September 13, as mentioned by him to jailer of Arthur Road and the doctor who examined him," the Judge said.
In a related development, the court rejected Kasab's plea for X-ray plates to seek medical opinion regarding his age. The Judge observed that this opportunity was given to his lawyer Abbas Kazmi earlier, but he did not opt for it.
Judge M L Tahiliyani had ordered an inquiry to determineKasab's age following a prosecution plea in this regard.
The accused had claimed that he was less than 18 years and therefore could not be tried by the special court. The inquiry concluded with Special Public Prosecutor Ujjwal Nikam submitting forensic and substantive evidence to prove that Kasab was not a minor.
The testimony of five witnesses, Ossification (bone) test and dental checks have revealed that he was above 20 years of age, the court observed.
... contd.