Mumbai, May 06, 2010. A special court on Thursday sentenced to death a Pakistani man, Mohammad Ajmal Kasab, over the 2008 Mumbai attacks that killed 166 people and raised tensions between the nuclear-armed neighbouring rivals.

The death penalty, which in India is carried out by hanging, must be confirmed by a higher court.

Mohammad Ajmal Kasab was the only one captured alive following the three-day rampage by 10 gunmen in November 2008 which killed people at key Mumbai landmarks, including two luxury hotels, the main train station and a Jewish centre.

The Mumbai court on Monday had found Kasab guilty on more than 80 charges, including murder and waging war on India

Kasab, who was convicted on 86 counts, was also sentenced to life imprisonment on five counts.
 

Immediately after pronouncement of the death sentence judge Tahaliyani will have to send his order for confirmation to the Bombay HC. He is bound by the Section 366 of the Criminal Procedure Code to do so. In normal cases it is the convicted man who goes in appeal to the HC but where it is the case of his life being taken away, the trial court must send the case papers to the high court.

The Bombay HC will call for all the evidence and weigh it at its own discretion. It is a practice for the high court to be satisfied on the facts as well as the law of the case, that the conviction is right, before it proceeds to confirm the sentence. This could take a few months.

Even after the high court has given its nod to the death sentence, Kasab has the option of going in appeal to the Supreme Court. For instance last year Surinder Koli, the man whose death sentence in the Nithari case was confirmed by the Allahabad High Court, went in appeal to the Supreme Court. His petition is still pending. Similarly, Kasab's appeal too would be considered in detail by the highest court as it looks at all the arguments in favour of and against the death sentence.