Ajmal Kasab to undergo age test

MUMBAI (AFP) - An Indian court ruled Friday that the lone surviving gunman of Mumbai attacks should have medical tests to determine whether he is a minor who should be tried in a juvenile court. A radiologist and forensic dentist will examine the accused and present their report to court, judge ML Tahiliyani told a special prison court in Mumbai trying Mohammed Ajmal Kasab. Kasab, said by the prosecution to be 21, faces a string of charges including waging war on India, murder, attempted murder and kidnapping in connection with the November 26-29 rampage that left 166 people dead and over 300 injured. He faces the death penalty if convicted. The medical examinations were ordered after Kasabs defence lawyer Abbas Kazmi told the court that his client claimed he had not even reached the age of 17 at the time of the attacks. Public prosecutor Ujjwal Nikam responded by calling the application a delaying tactic but later agreed the issue needed to be resolved before proceeding with the case. On the day of the incident - November 26, 2008 - he had completed 21 years, two months and some 13 days, Nikam had said last week, arguing that Kasab had given his date of birth to police and the prison authorities. Ordering the tests, Tahiliyani said: I had no doubt of his age (being over 21)... but this issue should not be kept open and (should) be decided upon. Under Indian law, an inquiry has to be conducted if there is any doubt about the age of a defendant. Kazmi has argued that if his client were proved to be a minor, the court would have no jurisdiction and the trial would have to be carried out in the juvenile court, where the maximum penalty is three years in prison. The results of the age tests will be presented in court on Tuesday, when the recording of evidence from witnesses is due to begin. Statements from at least three witnesses are set to be recorded. Kazmi, who was appointed a day after proceedings began when Kasabs state-appointed lawyer was dismissed over a potential conflict of interest, has been given until May 2 to prepare his case. The judge rejected his application for the 11,000-page chargesheet prepared by the prosecution to be translated from English and Hindi into Kasabs mother tongue, Urdu. Kasab, dressed in a grey T-shirt and trackpants, sat quietly as he watched proceedings, which were conducted entirely in English and the local language Marathi. The defendant - who does not have an interpreter - has said he cannot understand proceedings and can only understand the words Kasab and Pakistan.

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