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Kasab case will now land in HC for death penalty confirmation

The death sentence awarded to Pakistani gunman Ajmal Amir Kasab by a special court today in the November 26 terror attack case has to be confirmed by the Bombay High Court, according to legal experts.



Mumbai: The death sentence awarded to
Pakistani gunman Ajmal Amir Kasab by a special court today in
the November 26 terror attack case has to be confirmed by the
Bombay High Court, according to legal experts.

"Under the criminal procedure code, every death
sentence has to be confirmed by High Court," said advocate
Satish Borulkar, former chief public prosecutor of Bombay High
Court.

So even if Kasab himself does not file the appeal
against death sentence, the judgement will be scrutinised by
the High Court.

Noted defence lawyer and NCP member Majid Memon said
that though Kasab deserved death sentence, the procedure of
confirmation by division bench of High Court cannot be
bypassed.

Borulkar also said that even after the High Court
confirms the death sentence, Kasab has the right to file
appeal in the Supreme Court.

As to whether it would be mandatory to keep Kasab
present before the High Court for hearing on confirmation,
Borulkar said that Kasab will have the right to attend this
hearing.

At the trial level, in view of the threat perception,
the court had been shifted to Arthur Road prison, where Kasab
is lodged.

PTI

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