While the prosecution and defence presented closing arguments in the 26/11 trial of Tahawwur Hussain Rana, the Pakistani-Canadian doctor chose to remain silent and did not take to the stand.
Rana, a co-accused with David Coleman Headley in the Mumbai terror attacks, did not testify at his trial, as the federal jury was set to begin its deliberations.
After the presentation of the last of the witnesses on Tuesday, judge Harry D Leinenweber asked Rana if he had consulted with his lawyers and wanted to testify but a frail looking Rana, dressed in a brown suit, said that he did not want to testify.
Under US law, Rana has the right to remain silent.
In order to prove Rana guilty, the government needs to prove his guilt beyond reasonable doubt.
"Government could not prove its case so Rana is not testifying," Charlie Swift, Rana's lawyer, said.
While Headley has pleaded guilty of the Mumbai carnage, Rana has not.
Headley claims that Rana, who is his friend from a military school in Pakistan and ran an immigration agency, provided cover for him to survey places in Mumbai as he started to plan the attacks two years before the terrorists actually struck at the behest of the ISI.
Rana, on the other hand, said that he was duped by Headley. If convicted, Rana faces a possible life sentence.