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May 06, 2010 at 10:15am IST

Kasab's case 'rarest of rare': Ujjwal Nikam

Mumbai: After the conviction of Mohammad Ajmal Amir Kasab, all eyes are now on the special court which will decide the quantum of punishment for the convicted Pakistani terrorist. However what now needs to be seen is whether Sessions Judge M L Tahliyani agrees with the prosecution's argument that Kasab's case qualifies as the 'rarest of the rare.'

The lone surviving terrorist has already been held guilty of murder, conspiracy and waging war against the nation and the prosecution has demanded nothing less than capital punishment.

In its submission made to the court, the prosecution has said that it was proved beyond doubt that 26/11 was a pre-planned and pre-meditated attack. Prosecution further stressed on the point that Kasab and Ismail were guilty of killing as many as 72 out of 166 people and injuring scores of others.

It also stated that Kasab went about mercilessly killing people without any provocation and, that he not only killed people but also enjoyed the process of killing.

"I urge before the judge that this is the rarest of rare case . Not only the accused Kasab and his colleague have committed murders in cold blood, but, infact in frozen blood," says special public prosecutor Ujjwal Nikam.

The prosecution claims that Kasab displayed beast like tendencies and exceptional cruelty while killing Kuber boatman Amar Singh Solanki.

Kasab's lawyer K P Pawar however feels that there is scope for Kasab's reformation and hence he pleaded for a lesser punishment, a life imprisonment.

Pawar told the court that Kasab is a youngster and has no maturity to take proper decision in life. He said that his client had no personal enmity with any of the victims and that his actions were guided by others. Defence also argued that religion had blinded him and he was not in any position to take his own decision therefore he should be given a chance to reform.

All along the trial the prosecution has been arguing that Kasab's actions are rarest of rare in nature and hence he should be awarded the capital punishment. If indeed the court agrees with the prosecution and awards a death penalty to Kasab, the case then automatically gets referred to the High Court for ratification.

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