Kasab alleges torture, retracts confession

MUMBAI: Mohammed Ajmal Kasab, the terrorist on trial for last year's Mumbai attacks, wants to retract his confession, claiming it was extracted by torture, his defence lawyer, Abbas Kazmi, told reporters on Friday.

On his instruction, a retraction application has been filed, retracting the so-called alleged confession," said the lawyer, who is defending Pakistani national Kasab.

"He's going to plead not guilty," he added.

Kazmi told reporters that Kasab claimed the confession, made to a local magistrate while he was in police custody, was "extracted out of coercion and force and it was not a voluntary confession."

He quoted Kasab as claiming he had been "physically tortured."

Earlier in court, Kasab���s lawyer said his client had told him that he "had not even reached the age of 17" when the attacks took place last November. "He is still under 18. In such circumstances he is deemed to be a juvenile and this court has no jurisdiction to try this case," Abbas Kazmi told the trial court.

The court, however, dismissed the accused application that claimed he was a ���juvenile���.

Public prosecutor Ujwal Nikam rejected the Pakistani national���s submission, saying that in both Kasab's "confession statement" to the police and on transfer to jail, he had said he was 21".

"On the day of the incident, November 26, 2008, he had completed 21 years, two months and some 13 days," Nikam said.

Judge M L Tahiliyani asked Kasab to stand in the dock and then commented: "As one looks at accused No 1, it does not appear that he is below 17 years."

Rejecting the application, the judge added, "In my considered opinion, the plea is frivolous and intended to delay the trial."

Kasab faces a string of charges including "waging war" on India, murder, attempted murder and kidnapping.

He faces the death penalty if convicted of taking part in the attacks, which left more than 160 dead and hundreds more wounded.