Case Note & Summary
The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was convicted and given five death penalties and five life sentences by the trial court for multiple offences including waging war against India, terrorist acts, and murder. Two Indian co-accused, Fahim Ansari and Sabauddin Ahamed, were acquitted. The Bombay High Court confirmed Kasab's death sentence and dismissed the State's appeal against acquittals. Before the Supreme Court, Kasab filed a jail appeal, and the State appealed against the acquittal of the two co-accused. A transfer petition was also filed. The Court appointed senior advocate Raju Ramachandran to represent Kasab. The prosecution case was based on police investigations and Kasab's confessional statement under Section 164 CrPC, which detailed the conspiracy hatched in Pakistan and the attack in Mumbai. The confession was recorded after the magistrate ensured it was voluntary and after multiple adjournments. The Court emphasized that in a death sentence case, it would examine the evidence first-hand. The decision upheld the death sentence and dismissed the State's appeal, noting the corroboration of the confession and the gravity of the crimes.
Headnote
A) Criminal Law - Appeal against Conviction and Death Sentence - Confirmation of Death Penalty - Evidence Act, 1872 - Code of Criminal Procedure, 1973 - Supreme Court examined the case in light of the confessional statement of the accused recorded under Section 164 CrPC, which was corroborated by objective findings and evidence. The court noted that the accused was given full legal assistance despite being a foreign national. The death sentence was upheld based on the gravity of the offences and the direct participation in the terrorist attack that killed 166 people and injured 238. (Paras 1-8)
B) Criminal Law - Acquittal of Co-accused - Benefit of Doubt - Code of Criminal Procedure, 1973 - The trial court acquitted two Indian co-accused of all charges, giving them the benefit of doubt on conspiracy charges. The High Court declined to interfere, and the Supreme Court dismissed the State's appeal, finding no perversity in the acquittal. (Paras 3-4)
Issue of Consideration
Whether the conviction and death sentence of Mohammed Ajmal Kasab should be upheld; whether the acquittal of co-accused Fahim Ansari and Sabauddin Ahamed should be set aside
Law Points
- Conspiracy to wage war
- collecting arms
- waging war
- terrorist acts
- criminal conspiracy to commit murder
- abetment
- confession under Section 164 CrPC
- reference under Section 366 CrPC
- death sentence confirmation
- benefit of doubt
- corroboration of confession
- legal assistance for unrepresented accused
Case Details
2012 LawText (SC) (09) 151
Criminal Appeal Nos.1899-1900 of 2011 along with Criminal Appeal No.1961 of 2011 and Transfer Petition (Criminal) No.30 of 2012
Raju Ramachandran, Gaurav Agrawal
Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid
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Nature of Litigation
Criminal appeals against conviction and death sentence for terrorist acts, and state appeal against acquittal of co-accused.
Remedy Sought
Appellant Kasab sought setting aside of conviction and death sentence; State sought setting aside of acquittal of co-accused Fahim Ansari and Sabauddin Ahamed.
Filing Reason
The trial court convicted and sentenced Kasab to death and acquitted the co-accused; the High Court confirmed the death sentence and dismissed the state appeal; hence these appeals.
Previous Decisions
The trial court convicted Kasab and sentenced him to death and life imprisonment on multiple counts, while acquitting Fahim Ansari and Sabauddin Ahamed. The Bombay High Court confirmed the death sentence and upheld the acquittals.
Issues
Whether the conviction and death sentence of Mohammed Ajmal Kasab should be upheld.
Whether the acquittal of Fahim Ansari and Sabauddin Ahamed should be set aside.
Judgment Excerpts
The appellant, Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid, 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.
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 him by the trial court, but at the same time it did not interfere with the acquittal of the other two accused.
The terrorists killed one hundred and sixty-six (166) people and injured, often grievously, two hundred and thirty-eight (238) people.
The confession of the appellant may be broadly divided into two parts, one relating to the conspiracy, planning and preparation for the attack, and the other relating to the actual attack on Mumbai, in execution of the conspiracy.
She satisfied herself that the appellant was willing to make the confessional statement voluntarily and not under any pressure, coercion or allurement by the police or anyone else.
It was only then did the learned magistrate proceed to record the statement made by the appellant under Section 164 of the Code of Criminal Procedure.
Procedural History
The trial court (Addl. Sessions Judge, Greater Mumbai) convicted Kasab and acquitted co-accused in Sessions Case No. 175 of 2009 on May 3/6, 2010. A reference under Section 366 CrPC was made to the Bombay High Court as Confirmation Case No. 2 of 2010. Kasab filed Criminal Appeal No. 738 of 2010 against his conviction and sentence. The State filed Criminal Appeal No. 606 of 2010 against the acquittal of the other two accused. The High Court by judgment dated February 21, 2011 confirmed the death sentences and dismissed both appeals. Kasab then filed a jail appeal (Criminal Appeal Nos.1899-1900 of 2011) and the State filed Criminal Appeal No.1961 of 2011 before the Supreme Court. A transfer petition (T.P.(Crl.) No.30 of 2012) was also filed by Radhakant Yadav.
Acts & Sections
- Code of Criminal Procedure, 1973: 164, 366
- Explosive Substance Act, 1908:
