Kasab's retraction will not change trial outcome

Ajmal Kasab, retracting from his confessional statement before the special court hearing the Mumbai 26/11 case, is a stumbling block, but legal experts are of the opinion that it will not delay the process.

In such a circumstance, it is for the court to examine and find out as to whether the retraction of the statement by the accused is more genuine when compared to the confession.

In such a case, when the confession statement is retracted, there is always an element of suspicion that points either towards the accused or the investigating agency.

Legal experts say that had Kasab not retracted his confession, it would have made the job of the court much easier and it could have gone ahead with the sentencing directly.

However, now it will have to examine the circumstances under which the confession statement was made. Firstly, it would have to be observed if the confession was judicial in nature. In this case, the confession was made before the magistrate. But then this does not give the prosecution a blanket protection from having to explain under what circumstances the confession was made.

The prosecution, legal experts say, need not worry. The statements of over 200 witnesses have been recorded, all of which point towards the guilt of the accused.