The High Court upheld the judgment and order passed by the trial court in all material aspects: it sustained the appellant's conviction and confirmed the punishments given to him by the trial court, but at the same time it did not interfere with the acquittal of the other two accused.Ĥ. The High Court, by its judgment and order dated 21-2-20111, confirmed the death sentences given to the appellant by the trial court and dismissed both the appeals. 738 of 2010) and the other by the State of Maharashtra against the acquittal of the other two accused (Criminal Appeal No.
In addition to the reference, two appeals also came to the High Court from the judgment and order passed by the trial court, one by the appellant against his conviction and sentences (Criminal Appeal No. The judgment by the trial court gave rise to a reference to the Bombay High Court under Section 366 of the Code of Criminal Procedure (“CrPC”), registered as Confirmation Case No. The trial court gave them the benefit of the doubt as regards the charges of conspiracy and abetment of other offences by conspiracy, and further held that the prosecution completely failed to establish those other charges that were made directly against them.ģ. The other two accused were acquitted of all charges. At the end of the trial, however, the appellant was convicted and sentenced to death as noted above (vide judgment and order dated 3-5-2010/6-5-2010 passed by the Additional Sessions Judge, Greater Mumbai in Sessions Case No. Apart from the appellant, two other accused, namely, Fahim Ansari and Sabauddin Ahamed, both Indian nationals, were also arraigned before the trial court and indicted on the same charges as the appellant. He was found guilty of all these charges besides many others and was awarded the death sentence on five counts, life sentence on five other counts, as well as a number of relatively lighter sentences of imprisonment for the other offences.Ģ.
Some of the major charges against him were: conspiracy to wage war against the Government of India collecting arms with the intention of waging war against the Government of India waging and abetting the waging of war against the Government of India commission of terrorist acts criminal conspiracy to commit murder criminal conspiracy, common intention and abetment to commit murder committing murder of a number of persons attempt to murder with common intention criminal conspiracy and abetment abduction for murder robbery/dacoity with an attempt to cause death or grievous hurt and causing explosions punishable under the Explosive Substances Act, 1908. Prasad, J., supplementing)- The appellant, Mohammed Ajmal Mohammad Amir Kasab alias Abu Mujahid (hereinafter referred to as “the appellant” or as “Kasab”), who is a Pakistani national, has earned for himself five death penalties and an equal number of life terms in prison for committing multiple crimes of a horrendous kind in this country.
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