Kasab gets death sentence on 5 counts, life on 5 counts

Mumbai: Pakistani terrorist Ajmal Kasab, 22, broke down when the 26/11 trial court awarded him the death sentence on five counts on Thursday. He has also been given a life term on five counts. Kasab has been found guilty of murdering seven people, helping murder 159 others and waging war against India during a 62-hour siege beginning November 26, 2008.

While announcing the sentence, the judge M L Tahiliyani said words could not describe the brutality of the 26/11 attack. "This man has lost the right of getting humanitarian benefit," the judge said. He said that there would no chance that Kasab would reform and that there was no option but to give the death penalty. He observed that undue sympathy would do harm and leniency could not be shown. (Read: Judge's comments on Kasab)

Judge Tahiliyani also said this was a case of "exceptional depravity" and rubbished claims that Kasab was influenced by the Lashkar-e-Taiba (LeT). He said Kasab had voluntarily joined the LeT and was under no duress to do so. (Read: The judge who handled the 26/11, Kasab trial)

The man who held his nerves through it all, broke down as he was sentenced to death. Tears rolled down Kasab's face and the judge instructed that he be taken out for a drink of water. The security at once said that the water should not be served in a metal container as he might try to harm himself.  When he was asked if he had anything to say, Kasab mutely shook his head to say, no.

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The terrorist was pronounced guilty on Monday and the prosecution and defence ended their arguments on quantum of sentence on Tuesday. While the prosecution argued for the death sentence, Kasab's lawyer appealed for leniency on the grounds that he's just 22 years old.

The death penalty will not be implemented immediately. Kasab has the option of appealing to higher courts, and can also file a mercy petition for the consideration of President Pratibha Patil.  (Kasab sentence: Closure for Mumbai? Comment here)

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But the cops and lawyers who won the case in the trial court say there is little chance of Kasab's appeal being taken seriously. "The evidence was very strong and I do not think the death sentence can be challenged, said Joint Commissioner of Police and Mumbai crime branch head Himanshu Roy, hailing a "fair trial". He said the sentence would deter terrorists. "This will also have an impact on those who think of terror activities against our country...," the senior policeman said. ( Reactions:Veerappa Moily | S M Krishna | More reactions)   

Public prosecutor and the man of the moment, Ujjwal Nikam, flashed a victory sign and joked, "I am happy because today I will also be released from Arthur Road Jail." Nikam slammed Kasab for his irreverent behavior all through the trial. Before the sentencing, Nikam recounted his reasons for seeking the death penalty for Kasab saying the Pakistani terrorist enjoyed the act of killing. (Read & Watch: Sentence will satisfy victims' families, says Nikam)

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On Tuesday, Nikam had attacked Kasab for two hours in court, describing him as "worse than a wild beast... Kasab is a killing machine... and the orders for this machine came from Pakistan."

Kasab was dressed in a white kurta-pyjama, was unshaven, and kept his head bowed throughout Nikam's arguments.  Kasab was found guilty on more than 80 of the 86 charges brought against him for planning and executing the 26/11 attacks in Mumbai.

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Nikam laid out eight arguments on why Kasab deserves to be hanged, among them, that the 26/11 attacks was meticulously planned and that policemen and defenceless civilians were "mercilessly butchered."  The prosecutor also argued that Kasab wanted to inspire others to take part in fidayeen or suicide attacks.

As an example of why Kasab should get the death penalty, Nikam said that the terrorist had expressed disappointment that he landed at Chhatrapati Shivaji Terminus (CST) after rush hour on 26/11/2008.  Kasab had anticipated a busier station, based on CDs he had been shown of CST before the attack,  Nikam said. The prosecutor also said that in his confession to the Mumbai police, Kasab said that he was upset that he could not kill more people at the station. At CST, Kasab killed close to 60 people in an hour with his partner, Abu Ismail.

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Photographs taken by newspaper photographers of Kasab, taken in action while firing at CST's passengers and shopkeepers, showed that "he enjoyed the acts of murder," said Nikam. The terrorist "was happy to see people in pain and anguish as a result of his firing," the prosecutor stressed.

Kasab's lawyer, KP Pawar, had pleaded with the court to consider a life sentence instead.  Kasab was only 21 when he participated in the attack against Mumbai, and he acted under the influence of terrorist group Lashkar-e-Taiba (LeT), he pleaded. (Read & Watch: I have done my job, says Kasab's lawyer)

After the sentencing, Pawar said he had tried to show mitigating circumstances in Kasab's case, but it was up to the court to accept them and it did not. "As far as the trial is concerned, my duty is over," he said.