Kasab held guilty, the punishment sustains: Bombay HC confirms

The Division Bench of Justices Ranjana Desai and Ranjit More of the Bombay High Court too sustained the trial court decree on Monday, describing the only surviving terrorist of the 26/11 attack, Ajmal Kasab as guilty.

The trial has been running on the accused Mohammed Ajmal Mohammad Amir Kasab and two others under the Indian Penal Code, Arms Act, Unlawful Activities (Prevention) Act, 1967, Explosives Act, Passport (Entry into India) Act, 1920, Prevention of Damage to Public Property Act, 1984, Railways Act, Customs Act, Foreigners Act. Kasab’s actions have been proven under all the sections.

The court imposed capital punishement on Kasab while exonerating the two other co-accuseds. In the high court, Kasab’s lawyer bickered that he wasn’t a part of the larger scheme plotted by others named in the case in the incidents which took place at various parts of the city.

The court, dismissing the arguments regarding the examination of prosecution witnesses, noted that, “It is not necessary for the prosecution to multiply witnesses. The prosecution has to only examine such witnesses who would unfold the prosecution story.”

The court also mentioned, “In this case, the trial court has adopted a participatory role. It has permitted recall of witnesses. It has examined court witnesses and at times, it has asked pertinent questions to elicit correct information. It cannot be said that the investigation in this case is faulty or the prosecutor was inept. No witnesses were threatened. The prosecution has examined as many as 659 witnesses. There are several injured witnesses who have deposed about the incidents in question. The prosecution has brought expert’s evidence on record. Several witnesses have been examined to bring on record circumstantial evidence which is vital to the issues involved in this case. This, in our opinion, is not a case where any further evidence needs to be taken on record.”

In its final verdict regarding unlawful agreement of waging war against the government of India, training given to Kasab and others, fraud I-cards and other evidences, the bench said, “We have, therefore, no hesitation in confirming the finding recorded by learned Sessions Judge that a criminal conspiracy was hatched in Pakistan by A-1 Kasab and other accused to wage war against Government of India.”