The prosecution in the 26/11 terror attacks case concluded its arguments before the Bombay High Court on Wednesday in support of the death sentence awarded to Pakistani gunman Ajmal Amir Kasab.
While concluding his arguments on the reference for confirmation of capital punishment awarded to Kasab, special public prosecutor Ujjwal Nikam submitted that the trial court erred in accepting the Lashkar-e-Taiba operative’s confession partially.
A confession should be either accepted or discarded completely, it cannot be accepted partially, Nikam told the division bench of Justice Ranjana Desai and Justice RV More. “His confession was true and voluntary, but its value did not deteriorate only because it was given in the magistrate’s chamber and not in open court,” argued Nikam.
Nikam further pointed out that Kasab’s act of retracting his confession in trial court was a “well advised after-thought”.
The prosecutor pointed out that although while retracting the confession Kasab had said that he had been pressurised by police to give a confession, he did not offer any such suggestion to investigating officer Ramesh Mahale during his cross-examination.
There is lot of corroborative evidence to show that Kasab had given true and voluntary confession, said Nikam, before winding up his arguments on confirmation of death penalty imposed on Kasab by the trial court.
Lawyers Amin Solkar and Farhana Shah, appointed by the high court to defend Kasab, will open their arguments on Thursday. Thereafter, the court would hear the appeal filed by the state government against the acquittal of Faheem Ansari and Sabauddin Ahmed on the ground of lack of cogent evidence.
On May 6, the trial court had awarded death sentence to Kasab for his role in killing 26/11 carnage.