MUMBAI: The only surviving suspected gunman in last year’s terrorist attacks in Mumbai will be tried as an adult, which means he could face the death penalty, the presiding judge said.

In a set back to Ajmal Amir Qasab, the Additional Sessions Judge M.L. Tahaliyani on Saturday ruled that the accused was an adult and that he would be tried in the Special Court and not juvenile court as demanded by Qasab.

The defense lawyer representing Kasab said his client was 17 at the time of the Nov. 26 attacks and should be tried by a juvenile court. But Indian medical experts declared that Qasab is at least 20 after examining his teeth and X-rays of his bones.

Judge Tahiliyani ruled on Saturday that the medical tests were enough to prove Qasab was an adult at the time of the attacks.

Prosecutors say Kasab, a Pakistani, was one of 10 attackers responsible for killing 166 people and wounding 304 more during the three-day siege of India’s financial capital.

Nine other suspects were killed during the attacks. He will face the death penalty if convicted. Had he been tried as a minor, Qasab would have faced a maximum of three years in prison.

Qasab had tried to dodge the court on one pretext or the other. Earlier in the day, the court had rejected Qasab’s plea for access to 16 X-ray plates to seek medical opinion regarding his age, observing that this opportunity was given to his lawyer Abbas Kazmi earlier, but he did not opt for it. Kazmi had pleaded that Qasab was a juvenile and hence should be tried in a juvenile court.

The Special public prosecutor Ujjwal Nikam had filed an application in the special court to set up an inquiry to determine the exact age of Qasab in view of the application filed by defense lawyer Abbas Kazmi who pleaded that the terrorist was juvenile and so his case should be tried in a juvenile court as per the Juvenile Justice Act.

Judge Tahaliyani, while passing the order relied on the testimonies of the two witnesses produced by the prosecution superintendent of police of Arthur Road jail Swati Sathe and Dr Venkat Ramamurthy, before whom Qasab had admitted that his age was 21 and his date of birth was September 13, 1987.

The defense had raised doubts over the testimonies of the witnesses taking into consideration the haphazard manner in which the details of Qasab were filled by jail authorities. Kazmi had also questioned the conflicting ages of Qasab mentioned in the hospital registers where he was first admitted on the day of the attack.

However, the court, rejecting the defense contentions, observed that since the case dealt with a ‘high-risk’ accused who is a Pakistani, the jail authorities and the medical staff were more cautious especially in recording the details and immediate treatment.

Taking into consideration the evidences provided, the court observed that it was more than obvious that no fabrication or manipulation was done by the witnesses and there was nothing to disbelief in it. “This follows that the statement made by Qasab on November 27 and December 26 last year before Dr Ramamurthy and Sathe respectively are admissions and admissible under the Evidence Act,” the court observed.

The judge also took into consideration ossification (bone) and dental test reports submitted by Dr Sudhir Nanadkar, which indicated that he was above 20 years of age. Judge Tahaliyani also observed that the medical reports too corroborated with the testimonies of the witnesses that Qasab was more than 21 years of age.