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Prosecution to close examination of 26/11 evidence tomorrow

Published: Tuesday, Dec 15, 2009, 19:44 IST
Place: Mumbai | Agency: PTI

The prosecution is all set to close examination of terror evidence in the 26/11 special trial court here tomorrow, a year after the dastardly strikes that left 166 dead and 304 wounded.

"We have examined 267 witnesses personally and about two more are left...the case would be wrapped up tomorrow, a year after the terror attacks," special public prosecutor Ujjwal Nikam said.

Additional commissioner of police Dewan Bharati and assistant commissioner of police Ashok Duraphe are the last witnesses to depose tomorrow on investigations made by the crime branch.

The evidence of 340 other formal witnesses have been adduced by filing their affidavits in the court, Nikam said.

These witnesses were not examined personally because they were like the ones who had carried bodies of victims to hospitals, relatives of victims who claimed the bodies, people who suffered damage to their properties and medical officers who treated the victims.

"The trial began on May 8 and in about seven months the prosecution is ready to wind up the case," said Nikam.

Pakistani gunman Mohammed Ajmal Amir aka Kasab is facing the trial along with two Indians, Faheem Ansari and Sabauddin Ahmed. While Ajmal faces charges of multiple murders, others are charged with conspiracy.

After prosecution closes its case, defence lawyers may exercise their right to examine their witnesses. Then the accused would give their statements to the court on what they have to say about the evidences adduced against them. Finally, the court would give verdict after hearing arguments.

With the testimony of 607 witnesses and strong forensic evidence, prosecution has prepared a water-tight case against Ajmal, prosecutor Nikam said.

Ajmal is confined to a specially-built isolated cell in the high security central prison and is guarded by a strong posse of Indo-Tibetan Border Police round the clock.

Altogether 30 eyewitnesses have identified Ajmal in the identification parade and in the court. Forensic experts have also given their opinion that the DNA samples collected from the boat--Kuber (in which terrorists landed in Mumbai), matched with the DNA of Ajmal and five other slain terrorists.

The prosecution has also screened in the court CCTV footages of terrorists from cameras installed at Chhatrapati Shivaji Terminus (CST), Times of India Building (opposite CST), Hotel Taj and Hotel Oberoi-Trident.

Besides CCTV footages, weapons and RDX seized from Kasab and the slain terrorists have also been placed as evidence. The prosecution is relying upon Ajmal's confession before a Magistrate wherein he recorded the conspiracy hatched in Pakistan to commit Mumbai terror attacks.

The prosecution is also banking on a plea made by Ajmal in the court partly accepting his guilt in the crime.

Ajmal had admitted in the court to have taken part in the conspiracy but said he played a secondary role in the terror attacks as Abu Ismael was his leader. The gunman has denied that he had fatally shot police officers Hemant Karkare, Vijay Salaskar, Ashok Kamate and Constable Tukaram Omble.

To back its case that the plot was hatched in the neighbouring country, the prosecution is relying upon evidence tendered by foreign experts, who said the mobile phones, used by nine terrorists while talking to their Pakistani handlers during the assault, were imported by a Pakistan firm from China.

FBI sleuths have also deposed saying GPS recovered from the accused indicated that the conspiracy was hatched in Pakistan.

A witness identified Faheem Ansari and Sabauddin Ahmed in the court saying he had seen maps of target locations in their hands before the attacks during his tour to Nepal.

The prosecution has adduced evidence to show that Faheem had procured a Pakistani passport on strength of bogus documents. The handwriting in the maps seized from slain terrorist Abu Ismael had matched with maps recovered from Faheem after his arrest in Lucknow.

The court has issued non-bailable warrants against 27 absconding accused, including founder of Lashkar-e-Taiba Hafeez Sayeed and LeT chief of operations Zaki-ur-Rehman Lakhvi. The warrants have been forwarded to the Interpol for execution but so far no one has been arrested.

The accused are facing charges under IPC, Unlawful Activities (Prevention) Act, Foreigners Act, Passport (Entry into India) Act, Arms Act, Explosive Substances Act, Damage to Public Properties Act, Indian Railway Act and Customs Act.

A total of 166 persons, including foreign nationals from UK, USA and Israel, were killed and 304 others injured when terrorists struck at Hotel Taj, Hotel Oberoi-Trident, Nariman House, CST, Cama Hospital and Cafe Leopold. The terrorists also planted bombs in two taxis which exploded.

Loss on account of destruction of Properties was estimated to the tune of more than Rs 100 crore.

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