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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.
The witnesses -- Jail Superintendent and the doctor who treated Kasab for bullet injuries sustained in a police encounter on the day of terror -- have deposed saying the accused had himself told them that he was 21.
The duo even showed the court the registers wherein they had recorded Kasab's age as 21 years. However, Kasab denied telling Jail Superintendent and the doctor that he was 21. His lawyer Abbas Kazmi has also questioned forensic tests saying that these cannot be regarded as authentic and accurate.
"As regards Kasab's age the judge referred to Supreme Court verdicts. There can never be a straight jacket formula to determine age," Judge Tahiliyani said.
The court has considered all evidence brought before it and also the expert opinions.
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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 .
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.
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
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
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.
Many humans have died because of this filth of human.Now the tax payer is charged to pay for the care of this garbage.Any legal system that is this crazy is more likely to deliver no justice or be a meaningless deterrant.It seems the Indian legal system is based on a system which was primarily designed by the well off for their own escapes and to punish the less well off or weak as they would either be not aware of how toothless the system is or are inable to afford the lawyers trained to lie through the teeth.We have a very spineless juduacial system and that has to change if justice has to have a say in India.
believe me i said our politicians and actors r prostitutes-what we went thru ,god only knows--i would have tortured him and killed him.we need a total change in our f--system.shame on u all--any prostitutes are shameless
PLEASE SEE THE MESSAGE ON MYDAKSHA RAJESH DHARIA
Beware of critisising Kasab! He is the future cabinet minister in the cabinet of Samajwadi Party led by Mulayam Singh and Amar Singh.
Kasab is a clever terrorist. He must have been taught how to mislead advocates and judges to escape. His intention perhaps is to delay as much as possible and by that time another attack may take place and police will be busy and he can escape.B S GANESH, BANGALORE
it is only in India this sort of nonsense can happen. Legal procedings we can understand. But defence lawyer for the sake of defending cannot just be exploring every provision in the law specially since here is a case of not just accused but one whose guilt was proven live. This can happen only in India where trial trails on for years and the culprit, is set free.
thsese idiots our country should just think for a moment what would have been their fate had they been at the seen when he was brutally killing by shooting innocent civilians and police officers? would this lawers and judges and other jokers been alive to talk and make others like us to hear these nonsense, all. may i Please suggest they should consult the king of saudi arabia what would they have done on this killer?
This is getting really nasty. Why should we trial this person in a civilian court? The outfit in which he is a member of is on war against India. So he is clearly a POW. He should be handed over to the Army and he should be trialed in a military court.
Pull his teeth and send it for medical exam to satisfy his age which is much more than any devil living or dead.