AJN 141210-CRI-APPLN2.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2 OF 2010 IN CONFIRMATION CASE NO.2 OF 2010 The State of Maharashtra. ... Complainant Vs. Mohammed Ajmal Amir Kasab. ... Applicant-Accused Mr. Ujjwal Nikam, Special Public Prosecutor with Mr. Shahajirao Shinde, Additional Public Prosecutor for the complainant. Ms. Farhana Shah i/b. Mr. Amin Solkar appointed advocates for the applicant-accused. CORAM: MRS. RANJANA DESAI & RANJIT V. MORE, JJ. DATED : 14TH DECEMBER, 2010. P.C.:- 1. Towards conclusion of the hearing of the confirmation case and the appeal filed by A1-Kasab when rejoinder of learned Special Public Prosecutor was about AJN 141210-CRI-APPLN2.10 2 to be completed, on behalf of A1-Kasab, an application is filed that the Medical Board may be directed to conduct a medical inquiry into his age. The inquiry, it is prayed, may be distinct from the earlier inquiry. 2. Learned Special Public Prosecutor has drawn our attention to certain relevant facts, which need to be noted. 3. On 17/4/2009, counsel for A1-Kasab made an application before learned Sessions Judge that A1-Kasab was a juvenile when the incident in question had occurred and, therefore, learned Sessions Judge had no jurisdiction to try the case and that A1-Kasab should be sent to juvenile court. On 17/4/2009, learned Sessions Judge disposed of the said application holding, inter alia, that the plea raised by A1-Kasab is to delay the trial. Learned Sessions Judge observed that A1-Kasab does not appear to be less than 21 to 22 years of age and that from the material placed before him, it was disclosed that his date AJN 141210-CRI-APPLN2.10 3 of birth is 13/9/1987. It is pertinent to note that the prosecution filed an application (Ex-25) on 21/4/2009 that in the interest of justice, an inquiry in respect of age of A1-Kasab is necessary before framing of charges and the prosecution may be permitted to lead evidence in respect of age of A1-Kasab. That application was granted by learned Sessions Judge vide his order dated 24/4/2009. 4. After this application was granted, A1-Kasab was examined by a team of doctors headed by Dr. S.D. Nanandkar, Professor & Head, Forensic Medicine, GMC & J.J. Hospital, Mumbai. Dr. S.Z. Sorte, Professor of Radiology, GMC & J.J. Hospital, Mumbai, Dr. H.R. Umarji, Professor & Head, Oral Diagnosis & Radiology, GDC Mumbai and Dr. G.S. Chavan, Lecturer, Forensic Medicine, GMC & J.J. Hospital, Mumbai were members of the team. The Age examination of A1-Kasab was conducted on 27/4/2009. The Committee submitted its report on the same day and opined that the age of A1-Kasab was more than 20 years. We must note that the prosecution AJN 141210-CRI-APPLN2.10 4 examined Dr. Sudhir Nanandkar, Dr. Venkat Rammurthy and Mrs. Swati Sathe, Jail Superintendent of Arthur Road before learned Sessions Judge. They were cross- examined by counsel for A1-Kasab. Mr. Swati Sathe has deposed that A1-Kasab has given his date of birth as 13/9/1987. It may be stated here that Dr. Yogita Delkar who was working as CMO at Nair Hospital, was summoned on the request of counsel for A1-Kasab. Dr. Yogita Delkar was examined by counsel for A1-Kasab and she has been cross-examined by the Special Public Prosecutor. After perusing the evidence, learned Sessions Judge by his order dated 2/5/2009, recorded his conclusion that A1- Kasab was 21 years of age on the date of the incident i.e. in the night intervening 26/11/2008 and 27/11/2008. It may be stated here that this order has not been challenged. It has attained finality. 5. In spite of this, as already stated by us, after almost the entire hearing of the confirmation case and appeal of A1-Kasab is over, the present application is preferred on AJN 141210-CRI-APPLN2.10 5 behalf of A1-Kasab praying that his age may be reconfirmed. We have no manner of doubt that this is an attempt to postpone the hearing of this case. As already stated by us, the order passed by learned Sessions Judge has attained finality. We are convinced that a thorough inquiry was conducted, A1-Kasab was examined by doctors and his age was thereafter determined. In our opinion, therefore, there is no need to give any direction that his age may be reconfirmed. 6. Criminal application is rejected. [MRS. RANJANA DESAI, J.] [RANJIT V. MORE, J.]