Ajmal Kasab said I am 17 in court. How Ujjwal Nikam's 'prahaar' exposed his 26/11 lie

In the courtroom where Ajmal Kasab was being tried for the 26/11 Mumbai terror attacks, the prosecution had a case that appeared overwhelming. There were eyewitnesses, evidence from the crime scene and Kasab himself.

Then came an unexpected claim from the Lashkar-e-Taiba gunman: "I am 17."

The same story pans out in the upcoming Hindi film titled Prahaar: The Untold Story of Ujjwal Nikam, starring Rajkummar Rao playing Nikam.

Kasab's defence sought to establish that he was a minor when he carried out the 26/11 attacks. If accepted, the claim could have dramatically altered the course of the trial. So how did Special Public Prosecutor Ujjwal Nikam prove that Kasab was lying?

The episode is the key legal battle depicted in the upcoming biographical courtroom thriller. The trailer of the film, which was released earlier this week, highlighted the same claim by Kasab in the courtroom: "Main sattara saal ka hoon (I am 17)."

As documented in India Today archival reporting from April 2009, Kasab raised the underage claim before Special Judge ML Tahilyani shortly after his trial began.

His defence counsel, Abbas Kazmi, filed an application seeking to transfer the case to a Juvenile Justice Court.

Because if Kasab had been legally recognised as a juvenile under the Juvenile Justice Act, he could not have been sentenced to death. The maximum punishment he faced would have been three years in a juvenile remand home. Nikam immediately opposed the application.

According to court filings cited in India Today reports from the trial, the prosecution argued that the plea was a calculated attempt to delay the proceedings and avoid the death penalty.

But an argument alone would not settle Kasab's age. Nikam needed proof. According to an India Today report from April 2009, Ajaml Kasab raised the underage claim shortly after his trial began. (Credit: Reuters) So how did Nikam prove Kasab was not 17?

He went after the claim medically. Nikam submitted an application demanding a comprehensive forensic age evaluation. A four-member medical team at Sir JJ Hospital, led by Dr Nanda Kumar, examined Kasab using radiological bone ossification tests and dental examinations.

The question was simple: What did Kasab's body say about his age?

The medical board's final evaluation, submitted to the Special Court, found that X-ray analyses of joint fusion and wisdom-teeth eruption patterns placed Kasab between 20 and 26 years old at the time of testing.

As reported by India Today, the hospital's findings established that Kasab was at least 19 and a half years old on the night of November 26, 2008. That dealt a major blow to the "I am 17" claim. But Nikam did not stop with the medical evidence.

Was there anything else that gave away Kasab's real age? Yes.

The prosecution went back through the official records of what Kasab himself had said after his arrest.

First came the jail records: Arthur Road Central Jail Superintendent Swati Sathe testified that Kasab had recorded his age as 21 when he was admitted to the jail.

Then came the hospital records: When Kasab was being treated for his injuries at Nair Hospital on November 27, 2008, Dr Raghavan testified that he had stated his age as 21 during his preliminary treatment.

But were the doctors and the nurses' testimony enough? Nikam reached out further and got an even more significant record: Kasab's own judicial confession. In his confession recorded under Section 164 of the Code of Criminal Procedure before a magistrate, Kasab had officially declared himself to be "21 years old."

So the prosecution had something more powerful than a single medical opinion. It had Kasab's own earlier statements, official records and forensic evidence pointing in the same direction. Special Public Prosecutor Ujjwal Nikam moved court seeking a comprehensive forensic age determination test for Ajmal Kasab. (Credit: AFP) What did Kasab's defence say then?

The defence tried another route. According to trial court filings from April 2009 cited by India Today, Abbas Kazmi urged the court to issue a rogatory letter or send a commission to Kasab's hometown of Faridkot in Punjab, Pakistan, to obtain municipal birth records.

The prosecution opposed the plea. Nikam argued that Pakistani authorities had consistently denied Kasab's citizenship at the time, making such a process problematic.

Special Judge ML Tahilyani ultimately dismissed the defence application, holding that the radiological evidence from Sir JJ Hospital provided definitive proof under Indian evidentiary standards.advertisementWas the age claim the only time Kasab tried to influence the courtroom?According to Nikam's later recollections, no. Speaking to The Lallantop, Nikam recalled Kasab repeatedly attempting to manipulate courtroom perception, including by faking tears, feigning innocence and changing his statements when international observers or journalists were present.

Nikam said that countering such shifting claims required the prosecution to keep returning to evidence that could not simply be changed: physical evidence, official records and medical findings.

In other words, if Kasab changed his story, the evidence had to remain the same.

Did the Supreme Court accept the medical evidence? Yes. The legal validity of the forensic approach was later upheld by the Supreme Court.

In its August 2012 judgment confirming Kasab's death sentence, a bench comprising Justice Aftab Alam and Justice CK Prasad endorsed the trial court's reliance on the bone ossification tests and held that the medical determination establishing Kasab as an adult was unassailable.

The "I am 17" claim, therefore, did not survive the evidence. Ujjwal Nikam recalled Ajmal Kasab repeatedly attempting to manipulate courtroom perception when international observers or journalists were present. (Credit: AFP) advertisementHow does Prahaar portray this courtroom battle?While it's too soon to say if the film does justice to such a crucial story, the trailer seems to be promising a gripping watch. This is one of the pivotal legal battles at the centre of Prahaar: The Untold Story of Ujjwal Nikam. Rajkummar Rao plays Nikam, while Sikandar Kher portrays Kasab's defence counsel.

Directed by Avinash Arun, the film also features Jaideep Ahlawat as part of a visiting diplomatic delegation, Ashish Vidyarthi as the presiding judge, and Wamiqa Gabbi and Nassar in prominent roles.

Prahaar: The Untold Story of Ujjwal Nikam is scheduled for a nationwide theatrical release on October 16.- EndsRead more | Who is Lalit Prabhakar? Marathi actor playing Ajmal Kasab in Rajkummar Rao's Prahaar