Mumbai terror attack gunman Mohammad Ajmal Kasab has been sentenced to death by hanging today, although appeals could be on the cards and India has not executed anyone since 2004.

UK national paper the Guardian reported:

Mohammad Ajmal Amir Kasab, 23, of Pakistan, was sentenced to death in Mumbai after he was convicted earlier this week of murder and waging war against India. The three-day rampage by 10 gunmen in 2008 killed 166 people.

Kasab cried in the dock as the judge passed sentence. The death penalty in India is carried out by hanging.

But there are a number of barriers to his execution, not least of which that India has no executioner. Nata Mullick, who carried out the country’s last hanging in 2004, died last year. Executions are so rare that no one has been appointed to replace him.

Before the 2004 hanging of a child rapist, there had been no executions for nine years. Part of the reason for that is the complexity of the legal system: Kasab’s conviction must first be confirmed by the high court, and he can then appeal to the supreme court, and ultimately to the president for clemency.

The prosecution was led by special public prosecutor Ujjwal Nikam, who has secured 38 death sentences in his time. Kasab is India’s 52nd person on death row.

Meanwhile, the PTI reported that an appeal could be on the cards:

K.S. Pawar, the lawyer who appeared for Kasab, said any accused has the right to appeal against the verdict if he is not in agreement with it.

“I will not criticise the verdict. If an accused is not satisfied with the verdict given by a court, he can appeal in the higher courts,” Mr. Pawar told reporters after Kasab was sentenced to death for Mumbai terror attacks.

When asked whether Kasab will file an appeal, he said he had not spoken to him regarding this. “I will be given an opportunity to meet him. Then I will ask him and then it (whether to file an appeal) will be decided,” he said.

Mr. Pawar said he was satisfied with the way he argued for Kasab. “I believe that I have put forward points to save Kasab in the best possible manner. Whether it is accepted or not is a different matter,” he said.

Kasab cried in the dock as the judge passed sentence. The death penalty in India is carried out by hanging.

But there are a number of barriers to his execution, not least of which that India has no executioner. Nata Mullick, who carried out the country’s last hanging in 2004, died last year. Executions are so rare that no one has been appointed to replace him.

Before the 2004 hanging of a child rapist, there had been no executions for nine years. Part of the reason for that is the complexity of the legal system: Kasab’s conviction must first be confirmed by the high court, and he can then appeal to the supreme court, and ultimately to the president for clemency.