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New Delhi:
The Central Bureau of Investigation (CBI) submitted earlier than the Delhi High Court on Tuesday that Brajesh Thakur, who’s serving his sentence in Muzaffarpur shelter residence case, was convicted on account of fee of heinous offences the place he systematically sexually, bodily, socially and mentally abused minor ladies.
The CBI, in its response submitted earlier than the High Court on Brajesh Thakur’s enchantment difficult the trial courtroom order convicting and sentencing him to life imprisonment within the case, additionally submitted that he misused authorities grants acquired at Balika Grih in Muzaffarpur.
“The trial court has found him guilty on many counts as mentioned in the judgment and has rightly sentenced him to imprisonment for life and imposed fine which is to be paid/used for rehabilitation of victim girls against whom he has committed heinous offences as mentioned in the judgment,” the CBI submitted.
Advocate Rajesh Kumar, showing for the CBI as we speak, knowledgeable the courtroom that the reply has been filed within the matter yesterday which did not come on file.
After his submission, a division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar adjourned the listening to on the matter for September 15 for arguments.
Earlier, the courtroom had issued discover to the CBI on the enchantment filed by Brajesh Thakur, convicted for sexually assaulting ladies at Muzaffarpur shelter residence, difficult trial courtroom order convicting and sentencing him to life imprisonment.
Advocate Pramod Kumar Dubey appeared for accused Brajesh Thakur within the Delhi High Court.
According to the convict’s attorneys, the trial courtroom had carried out listening to within the matter in a “hurried manner” and thus it had violated his proper to a free and truthful trial as assured below the Constitution of India.
Brajesh Thakur, by his enchantment, has sought to quash the trial courtroom order convicting and sentencing him, together with 18 others, dated January 20 and February 11 respectively. Brajesh Thakur was the proprietor of the NGO known as Sewa Sankalp Evam Vikas Samiti and managed the place the place the incident happened.
“The hurried manner in which the trial was conducted by the Special Judge, (POCSO), Saket was a flagrant violation of inter alia the right of the appellant to a free and fair trial guaranteed under Article 21 of the Constitution of India and lawful applications and submissions/ requests made by and on behalf of the appellant were dismissed in a mechanical manner without due application of judicial mind with a view to somehow conclude the trial,” Brajesh Thakur’s enchantment stated.
He additional submitted that as a result of tempo at which the trial was carried out and the arduous hours which prolonged past regular courtroom timings frequently the appellant was denied his statutory and basic proper.
The enchantment additionally stated that the trial courtroom has failed to understand {that a} case regarding rape the prosecution should at first set up that an accused is potent and thereby able to committing the alleged act.
“In the present case neither the Bihar Police nor the CBI has conducted the potency test of the accused Brijesh Thakur and despite examining his wife did not place her statement under section 161 Cr.P.C. on record and thereby the prosecution has miserably failed to prove the first foremost and most important fact which is a pre-requisite in a rape case i.e. the fact that an accused who is charged with rape is, in fact, capable of committing rape,” it added.
The Supreme Court had transferred the case from Bihar to a Delhi courtroom and ordered the choose to finish it inside six months, following which the trial courtroom framed fees in opposition to 20 accused within the case.
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