Brajesh Thakur, who was sentenced to life imprisonment until his final breath for sexually assaulting a number of women in a shelter house in Bihar’s Muzaffarpur district, has approached the Delhi Excessive Courtroom difficult his conviction and jail time period.
The excessive court docket is more likely to take up this week his enchantment looking for to put aside trial court docket’s January 20 judgment convicting him within the case and February 11 order sentencing him to life imprisonment until his final breath.
A trial court docket right here had sentenced Thakur to “rigorous imprisonment until the rest of his life” and imposed a hefty high quality of Rs 32.20 lakh on him, saying he was the “kingpin” of a “meticulously deliberate” conspiracy and “displayed excessive perversity”.
In addition to him, the trial court docket has additionally despatched others to jail for all times within the case.
Advocate Pramod Kumar Dubey, who represented Thakur earlier than the trial court docket, confirmed that the enchantment has been filed on his behalf.
Thakur, within the enchantment, contended that the trial was performed in a “hurried method” by the particular choose (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 purposes and submissions have been dismissed in a mechanical method with out due utility of judicial thoughts with a view to in some way conclude the trial.
The enchantment, filed via advocates Nishaank Mattoo, Anurag Andley and Shreed Krsna, claimed that the conviction judgement and sentencing order have been handed by the trial court docket in a prejudiced and mechanical method having been swayed by the gruesomeness of the allegations levelled in opposition to Thakur and the general public notion.
The enchantment additionally raised the difficulty that efficiency of an accused is likely one of 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 check of Thakur.
“The trial court docket has failed to understand that in a case regarding rape, the prosecution should at first set up that an accused is potent and thereby able to committing the alleged act…
“The trial court docket has failed to understand that there is no such thing as a presumption beneath legislation that an individual who’s greater than 50 years of age and admittedly affected by excessive blood sugar needs to 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 Decide, (POCSO), Saket whereas convicting the appellant (Thakur) has relied upon legally inadmissible proof and has assumed the function of a prosecution witness by giving potential explanations which have neither been said by the prosecution witnesses nor have been recorded in proof and have additional not even been argued by the prosecution throughout the course of ultimate arguments,” it alleged.
The enchantment claimed that the trial court docket’s verdict was “unlawful, incorrect, perverse and opposite to the proof on document” and therefore liable to be put aside.
The trial court docket on January 20, had convicted Brajesh Thakur, who as soon as unsuccessfully contested meeting polls on Bihar Individuals’s Social gathering (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).
In addition to 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 court docket 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 court docket in Muzaffarpur in Bihar to a POCSO court docket at Saket district court docket advanced in Delhi on the Supreme Courtroom’s instructions.
The matter had come to gentle on Might 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 workers and is printed from a syndicated feed.)