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Kasab is not a minor, declares Special Court

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  • 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.

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    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.

    Next12
    ..By: kul bhushan | 05-May-2009 Reply | Forward The terrorist trials should be set where all pretrial motions should be done in three months and then proceed with the trial .No details of the proceedings other than appointment of competent attorney should be broadcast and then trial should get the needed coverage.No needto give extra exposure to these crooks.All this needs to be done only to protect the innocent .
    How long it will take for India to punish the criminalBy: srihari | 04-May-2009 Reply | Forward If this is the state of legal proceedings against a person who has publicly waged a war against India and its citizens by killing them, one can imagine the plight of common people involved in legal battles for many reasons. In the garb of not punishing even a single person who is innocent, the judicial system is playing games with the tax paying citizens by prolonged and vexing procedures. When we are emulating western countries in so many spheres and improving our various sectors (Financial / industrial / infrastructure / IT etc) why not we take a cue from the legal procedures elsewhere, where we can get the justice within a reasonable period? Why there should be summer vacations for the Judges of all courts while they are also treated as civil servants just like any other government employees? We are still continuing the British legacy when the Judges were from Britain who used to proceed to their Motherland by taking long vacations. Is it justified to continue the same system even now? There are so many incomprehensible things prevalent in the judicial system that if one goes deep into, that we can only pity ourselves for having been subjected to this kind of justice sytem.
    Capital PunishmentBy: M Dinesh Kumar | 03-May-2009 Reply | Forward He must be given capital punishment as early as possible. Also he should be treated as a culprit twice guilty as of a normal blood culprit, body should not be returned to Pakistam since they denied that he is not their citson.Dinesh
    Pakistan may send more boys to make use of the loophole.By: B S GANESH | 03-May-2009 Reply | Forward It is very clear Kasab is fully trained in Pakistan to hoodwink Indian politicians, prosecution and judges even. He wanted to delay trial and by that time another attack might take place and when security , police etc are busy he can escape. Fortunatle our prosecution and judges took correct actioin though defence lawyer tried to protect by hoodwinking. When Kasab declared at the time of admissioin to hospital as 21, where was the need for further tests and delaying. Now trial should be on fast track. Besides as juvenile can get only three yeras jail term maximum, Pakistan may send more boys to make use of the loophole.B S GANESH, BANGALORE
    Stop this dramaBy: Vinay Syal | 03-May-2009 Reply | Forward Why all this drama of court proceedings and all that . It is open an shut case. This rascal is responsible for killing so many innocent Indians. Shoot this rogue publicly right in the head.
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