Pakistani national Ajmal Amir Kasab, the lone survivor from amongst the ten gunmen who carried out the horrific November 26, 2008 terror attacks in Mumbai, was sentenced to death on four counts and to life imprisonment on five other counts by a special sessions court in the city today. Designated Judge M L Tahaliyani awarded the death penalty to Kasab, 22, for conspiring with others in Pakistan to commit acts of terrorism against India, murder and abetment to murder of 166 people, waging war against the state and under section 16 of the Unlawful Activities (Prevention) Act.
While pronouncing the sentence, the Judge said there was an overwhelming preponderance of aggravating circumstances against Kasab and hardly any mitigating factors in his favour. He said he had no option but to sentence him to death by hanging in the circumstances.
During arguments on the sentence on Tuesday the Judge, the prosecution had sought the death penalty for Kasab. The defence, on the other hand, pleaded for leniency, given his young age.
Special Public Prosecutor Ujjwal Nikam said Kasab deserved the maximum penalty given the fact that he had been found guilty of waging war against the country and his role in the conspiracy to carry out the attacks had been proved.
Court-appointed defence counsel K P Pawar, on the other hand, had argued that Kasab should not be given the death penalty in view of his young age and did not fully understand the implications of his actions. He also argued that Kasab was under mental pressure from a terrorist group. He said that, given his young age, there was also some scope for reformation and rehabilitation.
Kasab was convicted of all 86 charges against him by the special court on Monday for his role in the attacks which killed 166 people, including 23 foreigners.
The other nine gunmen, all Pakistanis, were killed in the action by security forces during the 66-hour seige.
Two Indians, Faheem Ansari and Sabauddin Ahmed, who were charged with drawing maps of the places targeted by the terrorists and passing them on to the Lashkar-e-Taiba to enable them to execute the attacks, were acquitted by the court, saying the evidence against them was not convincing.
Kasab and the other gunmen opened fire indiscriminately and hurled hand grandes at places such as the Central Railway's Chhatrapati Shivaji Terminus (CST) (formerly Victoria Terminus), Hotel Taj Mahal, Hotel Oberoi-Trident, Nariman House and Cama Hospital.
Kasab was held guilty of waging war against the Indian state and of killing seven people at CST and Cama Hospital as well as abetting the murder of 159 others killed in the attacks.
The death sentence will now automatically be referred to the Bombay High Court before it can be carried out. If the High Court confirms the sentence, Kasab will have the option to go in appeal to the Supreme Court. Finally, he would have the option to file a mercy petition to the President.
Kasab, who hails from Faridkot in Pakistan, was nabbed alive by the police from the Girgaum-Chowpatty police barricade after an encounter. Earlier, Kasab and Abu Ismail, one of the nine other terroritsts, had killed several people at the Chhatrapati Shivaji Terminus, Cama Hospital and Metro Junction.
Source :netindian.in











