Docs to submit Kasab's juvenile test report by April 28

The specially designated court housed in Arthur Road jail has asked the doctors to conduct a test to determine the actual age of Mumbai terror accused Ajmal Amir Kasab and submit a report on or before April 28.

The court also ordered jail authorities to take Kasab for ossification test and dental test to determine the age.

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Judge M L Tahilyani gave the order following the demand made by special public prosecutor Ujjawal Nikam to avert any legal interruption in the proceeding further.

‘It is necessary to conduct an inquiry under section 7(A) of Maharashtra Juvenile Act to determine the age of Kasab,’ Tahilyani said after passing the order.

The Judge also allowed the special public prosecutor to examine witnesses, including doctors, who had examined Kasab for the first time after he was held by police and jailor, who had admitted him in the prison, on April 28 to find out whether Kasab was above 18 and not juvenile at the time of commission of offence.

Earlier after raising juvenile issue by the Kasab’s lawyer Abbas Kazmi, Judge Tahilyani had rejected the appeal saying he (Kasab) did not look like adolescent. The Judge was convinced that Kasab was a major and fit to stand trial in his court. However, both the defence and public prosecutor demanded that the court initiate an inquiry to avert any eventuality.

"The issue of juvenility can be raised at any stage. To avoid the eventuality that it is brought up later, it may be apt to conduct an inquiry now," Tahaliyani said.

The defence had asked the court that Kasab was juvenile at the time of commission of 26/11 attacks and so he was liable to be prosecuted under juvenile law by a juvenile court.

According to amended Juvenile Justice Act, a crime committed by a person below the age of 18 can only be tried by a juvenile court. The maximum punishment prescribed under Juvenile Justice Act is three years.