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Kasab gets death and lifer on five counts each

May 07, 2010 00:00 IST

Special court judge M L Tahaliyani on Thursday sentenced to death the lone Pakistani gunman captured alive in the Mumbai carnage, under various sections of the Indian Penal Code. While Kasab was sentenced to death on five charges under IPC, he was awarded imprisonment for life under five IPC sections and rigorous imprisonment for 18 charges under the IPC.

Here's the operative part of the judgment announced by Judge M L Tahaliyani.

The counts on which he is sentenced to death:

1. Mohammed Ajmal Kasab is convicted of the offence punishable under Section 120-B read with Section 302 of th IPC and is sentenced to death, and is further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month. He shall be hanged by the neck till he is dead.

2. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 121 of the IPC and is sentenced to death and is further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month. He shall be hanged by the neck till he is dead.

3. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 16 of the Unlawful Activities (Prevention) Act, 1967 and is sentenced to death and is further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month. He shall be hanged by the neck till he is dead.

4. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 302 of the IPC for having committed the murder of 1) Amarchand Solanki, 2) Sitaram Mallapa Sakhare, 3) Rahamuttal Ibrahim, 4) Vinod Madanlal Gupta, 5) Ambadas Ramchandra Pawar, 6) Abbas Rajjab Ansari, and 7) Tukaram Omble and is sentenced to death and is further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month. He shall be hanged by the neck till he is dead.

5. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 302 read with Section 34 of the IPC and under Section 302 read with Sections 109 and 120B of the IPC and is sentenced to death and is further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month. He shall be hanged by the neck till he is dead.

The counts on which Kasab is sentenced to life imprisonment:

1. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 307 read with Section 34 of the IPC and under Section 307 read with Section 109 read with Section 120-B of the IPC and sentenced to suffer imprisonment for life and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

2. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 364 of the IPC and sentenced to suffer imprisonment for life and further sentenced to pay Rs 5,000 or in default suffer simple imprisonment for 15 days.

3. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 332 read with Section 34 of the IPC and under Section 332 read with Section 109 read with Section 120B of the IPC and sentenced to suffer imprisonment for life and further sentenced to pay Rs 5,000 or in default suffer simple imprisonment for 15 days.

4. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 121-A of the IPC and sentenced to suffer imprisonment for life and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

5. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 122 of the IPC and sentenced to suffer imprisonment for life and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

The counts on which Kasab was sentenced to rigorous imprisonment:

1. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 392 read with Section 34 of the IPC and sentenced to rigorous imprisonment for five years and further sentenced to pay Rs 5,000 or in default suffer simple imprisonment for 15 days.

2. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 397 of the IPC and sentenced to rigorous imprisonment for seven years and further sentenced to pay Rs 5,000 or in default suffer simple imprisonment for 15 days.

3. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 333 read with Section 34 of the IPC and under Section 333 read with Section 109 read with Section 120B of the IPC and sentenced to rigorous imprisonment for five years and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for 15 days.

4. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 25 (1B)(a) of the Arms Act and sentenced to rigorous imprisonment for one year and further sentenced to pay Rs 5,000 or in default suffer simple imprisonment for one week.

5. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 25 (1A) of the Arms Act and sentenced to rigorous imprisonment for five years and further sentenced to pay Rs 1,000 or in default suffer simple imprisonment for two weeks.

6. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 27 of the Arms Act and sentenced to rigorous imprisonment for seven years and further sentenced to pay Rs 1,000 or in default suffer simple imprisonment for one week.

7. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 9-B(1)(a)(b) of the Explosives Act and sentenced to rigorous imprisonment for six months and further sentenced to pay Rs 5,000 or in default suffer simple imprisonment for one week.

8. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 3(b) of the Explosive Substances Act, 1908 and sentenced to rigorous imprisonment for life and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

9. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 151 of the Railways Act and sentenced to rigorous imprisonment for one year and further sentenced to pay Rs 1,000 or in default suffer simple imprisonment for 15 days.

10. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 153 of the Railways Act and sentenced to rigorous imprisonment for one year and further sentenced to pay Rs 1,000 or in default suffer simple imprisonment for 15 days.

11. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 3 (3) of the Passport (Entry Into India) Act, 1920 and sentenced to rigorous imprisonment for one month and further sentenced to pay Rs 100 or in default suffer simple imprisonment for seven days.

12. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 135(1)(a) of the Customs Act and sentenced to rigorous imprisonment for seven years and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

13. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 342 read with Section 34 of the IPC and under Section 342 read with 109 read with 120B of the IPC and sentenced to rigorous imprisonment for six months and further sentenced to pay Rs 100 or in default suffer simple imprisonment for seven days.

14. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 343 read with 34 of the IPC and under Section 343 read with 109 read with 120B of the IPC and sentenced to rigorous imprisonment for one year and further sentenced to pay Rs 200 or in default suffer simple imprisonment for 15 days.

15. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 436 of the IPC and sentenced to rigorous imprisonment for five years and further sentenced to pay Rs 5,000 or in default suffer simple imprisonment for 15 days.

16. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 3 of the Prevention of Damaged Public Property Act and sentenced to rigorous imprisonment for one year and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

17. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 4 of the Prevention of Damaged Public Property Act and sentenced to rigorous imprisonment for two years and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

18. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 13 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to rigorous imprisonment for five years and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

19. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 18 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to rigorous imprisonment for five years and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

20. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 20 of the Unlawful Activities (Prevention) Act, 1967 and sentenced to rigorous imprisonment for five years and further sentenced to pay Rs 10,000 or in default suffer simple imprisonment for one month.

21. Mohammed Ajmal Kasab is further convicted of the offence punishable under Section 14 of the Foreigners Act and sentenced to rigorous imprisonment for one year and further sentenced to pay Rs 500 or in default suffer simple imprisonment for one week.

Though Kasab was charged under 83 counts out of the 86 charges framed by the prosecution, the other offences were minor in nature and this is what the judge had to say about them:

"It is felt that no separate sentence is required to be imposed for the conspiracy to commit other offences, which are minor in nature, as the sentence of death has already been awarded to the accused for the offences punishable under Section 120B read with 302 of the IPC. Similarly, punishment for the offences committed in furtherance of common intention and similar offences abetted by Mohammed Ajmal Kasab have been made punishable and no separate sentence is awarded for the same offence covered by Section 34 and Section 109 read with Section 120B of the IPC."

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