Mumbai, May 03 2010: Ajmal Kasab, the lone surviving Pakistani gunman in the Mumbai carnage in which 166 persons were killed, was today held guilty of mass murder and waging war against India by a Special court which, however, acquitted two Indians.

In the fastest trial in a terror case, Special Judge ML Tahaliyani delivered a 1,522-page verdict in which he held that evidence in the November 26, 2008 terror attack pointed fingers at Pakistan.

The quantum of sentence will be delivered after the court hears arguments by the prosecution and the defence tomorrow.

The maximum punishment Kasab can get is death penalty.

The evidence also established that absconding accused, including Pakistanbased Lashkar-e-Toiba(LeT) commanders Hafeez Sayeed and Zaki-ur-Rehman Lakhvi, were involved in the terror attacks, the judge said wrapping up a year-long trial in which 658 witnesses were examined.

Except for minor charges pertaining to forgery and few others under Unlawful Activities Prevention Act, Kasab was convicted on almost all the 86 charges framed against him.

"Main tumko doshi paya hai kyun ki aapne desh ke khilaf jung kiya aur 166 logon ki jan li apne doston se milkar" (I hold you guilty of waging war against the nation along with your associates and killing 166 people)," the judge told 22-year-old Kasab, a native of Faridkot village in Punjab province of Pakistan.

Home Minister P Chidambaram said the judgment underlines the fact that India is governed by Rule of Law in which the accused was given a fair trial.

"The judgment is a message to Pakistan that they should not export terror to India.

If they do and we apprehend the terrorists we will bring them to justice and give them exemplary punishment," he said in New Delhi.

Kasab, who was unshaven and was wearing a white kurta, showed no emotions and sat impassively with his head bowed down as the verdict was pronounced in the high-security Arthur Road jail.

The court acquitted Faheem Ansari and Sabauddin Ahmed who were accused of helping LeT in plotting the terror attack.

They put up a broad smile after being acquitted.

"The prosecution's evidence against these two accused is doubtful and hence the benefit of doubt must go to them", the judge said, dismissing the prosecution case based on alleged recovery of a map of terror targets the two had helped the terrorists with.

Special Prosecutor Ujwal Nikam said he was happy that Kasab was convicted and unhappy that Ansari and Ahmed were set free.

"We would appeal against the acquittal," he said.

Kasab, along with nine slain terrorists also belonging to LeT, was charged with killing 166 people, including 25 foreigners, and injuring 304 others at the instance of the terror outfit during the 60-hour-siege that began in the night of November 26, 2008 bringing Mumbai on its knees.

The iconic Taj and Trident-Oberoi luxury hotels, the Chhatrapati Shivaji Terminus (CST) and the Jewish Centre at Nariman house bore the brunt of the devastating attack that began at the popular Leopold Cafe.

Kasab was held guilty under various sections of IPC, Arms Act, Explosives Substances Act, Explosives Act, Prevention of Damage to Public Property Act, Unlawful Activities Prevention Act, Customs Act and Foreigners Act.

Stating that 26/11 attack was not a simple act of murder, Tahaliyani said, "It was part of a larger conspiracy to wage war against the nation" .

The judge observed that intercepted telephonic talks revealed that terrorists' handlers from Pakistan were directing them during the attacks, asking them to "fight until death" and not allow themselves to be caught alive.

While holding the terrorist personally accountable for killing innocent people at CST and in and around Cama Hospital, the court also pronounced Kasab guilty of abetting murder at other scenes of the attack where his accomplices perpetrated mass killing.

The judge held Kasab guilty of killing high ranking police officers Hemant Karkare, Ashok Kamte and Vijay Salaskar besides murdering Assistant Police Inspector Tukaram Ombale and Amarsinh Solanki, the navigator of "Kuber".

The judge dismissed the evidence against Faheem and Sabauddin as "unreliable".

"Prosecution evidence against Faheem Ansari and Sabauddin Ahmed is unreliable...evidence falls short and cannot be accepted," he said.

Observing that the main Lashkar handlers had used latest techniques like GPS, VoIP and Google Earth while preparing for the attacks, the Judge said they could not have relied on the maps allegedly prepared by Faheem and Sabauddin.

"The maps are more confusing than helpful," he said.

Outside the court, special public prosecutor Ujjwal Nikam said he would recommend to the Government to challenge the order acquitting Faheem and Sabauddin in the high court.Both were "passive actors" in the conspiracy and we had placed enough circumstantial evidence which the court should have considered, Nikam said.

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