The trial judge had held that the prosecution was unable to prove that the Indian trawler MV Kuber had not been tampered with before drawing a panchnama of it and bringing Kasab to Sassoon Dock to identify it.
The prosecution will have to give more detailed evidence to show Pakistan’s involvement, said the Bombay high court on Tuesday.
The trial judge had held that the prosecution was unable to prove that the Indian trawler MV Kuber, which was hijacked by the 10 terrorists on November 26, 2008, had not been tampered with before drawing a panchnama of it and bringing Kasab to Sassoon Dock to identify it.
“This does not entirely throw out your (prosecution) case,” justice Desai said. “But if section 27 (of the Indian Evidence Act, 1872) is proved, then it will strengthen your case.” Section 27 states that the onus of proving the information divulged by an accused lies with the investigating agency.
The court said this would also raise questions about the GPS and satellite phones recovered from Kuber. “They are linked to the main conspiracy (with handlers in Pakistan).”
The court took note of the fact that the sessions court that convicted Kasab, 23, had disbelieved the prosecution’s evidence about the recovery of the body of Indian sailor Amarsingh Solanki who Kasab had beheaded on Kuber, as it did not fall in line with section 27.
Justice Ranjana Desai and Justice RV More observed that ordinarily in murder cases, the accused directs the police to the crime scene, but in this case Kuber was found by the Coast Guard six nautical miles from where it was abandoned by the terrorists and was brought to Sassoon Dock on November 27, 2008 night where Kasab was taken to identify it.
The court said, “Here the case seems like the police went, found the boat based on clues and then came back and took the accused to the boat and asked him to show the body.” The court said this may have been done because of Kasab’s injuries and “prevailing conditions”. It has asked the prosecution to submit the details of when and who spotted the trawler, who took Kasab to the dock and at what time, what time was the panchnama conducted and concluded.
Kasab advocates are likely to meet the judges once more to make the request to let Kasab come to court personally at least once since he has repeatedly demanded the same.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}