Though at the beginning claiming innocence, Kasab posed a rider that even assuming he was guilty, death penalty cannot be given to him as he was brainwashed into committing the crime and was not beyond improvement due to his young age.
In his special leave petition challenging the death penalty, Kasab through Counsel Gaurav Agrawal claimed that he was innocent and his so-called confessional statement had no evidential value as there was no substantiation.
The 24-year-old lone ongoing gunman from the Mumbai carnage, that left 166 people dead submitted that he had withdrawn the disclosure statements, but the same was relied upon by the trial court and the high court for handing down the death penalty.
“The high court ought to have held that even if the petitioner was guilty for the offences alleged this wasn’t a fit case for impressive death sentence on the petitioner inter-alia for the reason that the petitioner’s mind was completely persuaded by the other co-accused.”
“He was acting like a robot having been made to believe that he was acting in the name of God when he was purportedly told to commit the aforementioned offences,” the appeal said.
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