Brajesh Thakur, who was sentenced to life imprisonment until his final breath for sexually assaulting a number of ladies in a shelter house in Bihar’s Muzaffarpur district, has approached the Delhi Excessive Court docket difficult his conviction and jail time period.
The excessive courtroom is more likely to take up this week his attraction in search of to put aside trial courtroom’s January 20 judgment convicting him within the case and February 11 order sentencing him to life imprisonment until his final breath.
A trial courtroom right here had sentenced Thakur to “rigorous imprisonment until the rest of his life” and imposed a hefty nice of Rs 32.20 lakh on him, saying he was the “kingpin” of a “meticulously deliberate” conspiracy and “displayed excessive perversity”.
Moreover him, the trial courtroom has additionally despatched others to jail for all times within the case.
Advocate Pramod Kumar Dubey, who represented Thakur earlier than the trial courtroom, confirmed that the attraction has been filed on his behalf.
Thakur, within the attraction, contended that the trial was performed in a “hurried method” by the particular decide (POCSO), Saket, which was a flagrant violation of his proper to a free and truthful trial as assured beneath the Structure.
He claimed that his functions and submissions had been dismissed in a mechanical method with out due software of judicial thoughts with a view to in some way conclude the trial.
The attraction, filed by means of advocates Nishaank Mattoo, Anurag Andley and Shreed Krsna, claimed that the conviction judgement and sentencing order had been handed by the trial courtroom in a prejudiced and mechanical method having been swayed by the gruesomeness of the allegations levelled towards Thakur and the general public notion.
The attraction additionally raised the difficulty that efficiency of an accused is among the foundational info which the prosecution has to determine in a case associated to rape and stated neither the Bihar Police nor CBI had performed the efficiency take a look at of Thakur.
“The trial courtroom has failed to understand that in a case regarding rape, the prosecution should firstly set up that an accused is potent and thereby able to committing the alleged act…
“The trial courtroom has failed to understand that there isn’t any presumption beneath regulation that an individual who’s greater than 50 years of age and admittedly affected by excessive blood sugar must be potent…. With out establishing the efficiency of the accused specifically one who’s greater than 50 years of age the accused can’t be convicted of the offence of rape,” it contended.
“The Particular Choose, (POCSO), Saket whereas convicting the appellant (Thakur) has relied upon legally inadmissible proof and has assumed the position of a prosecution witness by giving potential explanations which have neither been acknowledged by the prosecution witnesses nor have been recorded in proof and have additional not even been argued by the prosecution in the course of the course of ultimate arguments,” it alleged.
The attraction claimed that the trial courtroom’s verdict was “unlawful, incorrect, perverse and opposite to the proof on file” and therefore liable to be put aside.
The trial courtroom on January 20, had convicted Brajesh Thakur, who as soon as unsuccessfully contested meeting polls on Bihar Folks’s Celebration (BPP) ticket, of a number of offences together with aggravated penetrative sexual assault beneath part 6 of the Safety of Youngsters from Sexual Offences (POCSO) Act, and offences of rape and gang rape beneath the Indian Penal code (IPC).
Moreover Brajesh Thakur, it had sentenced Dilip Verma, then Chairman of Baby Welfare Committee; Baby safety officer of District Baby Safety Unit Ravi Roshan; member of Baby Welfare Committee Vikas Kumar; Guddu Vijay; Kumar Tiwari; Guddu Patel; Kishan Kumar and Ramanuj Thakur to imprisonment for the rest of life within the case.
It had additionally ship three girls — Minu Devi, Kiran Kumari and Shaista Praveen — to jail for all times for abetment to rape.
The trial courtroom had sentenced Rama Shankar, Ashwani, Manju Devi, Chanda Devi, Neha Kumari and Hema Masih to 10 years in jail, and Indu Kumari to a few years jail time period.
It had imposed various fines on the convicts.
It had additionally granted a compensation of Rs 5.50 lakh to a few of the rape victims; Rs 6 lakh to one of many victims, Rs 9 lakh to a different sufferer, Rs 40,000 every to 2 of the victims and Rs 25,000 to a different sufferer.
Former Bihar Social Welfare Minister and the then JD(U) chief Manju Verma had additionally confronted flak when allegations surfaced that her husband had hyperlinks with Brajesh Thakur. She resigned from her submit on August 8, 2018.
The case was transferred on February 7, 2019 from an area courtroom in Muzaffarpur in Bihar to a POCSO courtroom at Saket district courtroom advanced in Delhi on the Supreme Court docket’s instructions.
The matter had come to gentle on Could 26, 2018 after Tata Institute of Social Sciences submitted a report back to the Bihar authorities highlighting the alleged sexual abuse of ladies within the shelter house for the primary time.
(Apart from the headline, this story has not been edited by NDTV employees and is printed from a syndicated feed.)