Friday , Apr 24, 2009 at 1618 hrs IST
A special court ordered Ajmal Kasab, the lone surviving gunman on trial over the Mumbai attacks, to undergo dental and bone tests to determine his age following his claim that at the time of the strike he was a 'juvenile' which would help him escape the gallows.
Judge M L Tahiliyani allowed special public prosecutor Ujjwal Nikam to examine witnesses comprising doctors and the jailor at Arthur Road prison on April 28 to prove his claim that Kasab, a Pakistani national, was above 18 and not a juvenile at the time of commission of offence.
Jail authorities were ordered to take Kasab, said by the prosecution to be 21, for ossification and dental tests for age determination.
The radiologist and dentist who will conduct the tests have been asked to submit a report on or before April 28.
Kasab will be taken for these tests under heavy security, his lawyer Abbas Kazmi told reporters here. If the inquiry establishes that Kasab is a juvenile then the case will be transfered to the juvenile court.
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The maximum punishment prescribed under Juvenile Justice Act is three years, said Kazmi, who had earlier claimed that he was only 17 years.
The court ordered the inquiry after Nikam moved an application urging that the age of the accused may be determined before the charges are framed against him.
Earlier, Kasab had himself pleaded that he was juvenile and that the case should be transfered to Juvenile Justice Court but the court had turned down his plea and opined that he did not appear to be juvenile and if the court feels that anytime during trial that the inquiry should be held to determine his age it would do so.
It is surprising that the defence is bringing up the question of Kasab's age.
The crime he has committed is unpardonable, no matter what his age.
He should be treated like a mass murderer and punished accordingly.
If we are lenient on him now, we will be opening the gates of a flood of such cases.
The Pakistanis will push such juvenile criminals and create havoc in our country.
Let this be a precedent.
If a juvenile terrorist commits terrorist acts he should be treated as an adult criminal and punished as any adult is punished, including hanging.
How old was Khudiram Bose when he was hanged?
He was born on 3rd December, 1989 and was hanged on 11th August 1908.
He was hanged for fighting against the British for our freedom for planting and throwing bombs when he was only 16.
AGE SHOULD BE GIVEN NO CONSIDERATION IN THE DASTARDLY CRIME HR HAS COMMITTED.
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