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New Delhi:
Brajesh Thakur, who was sentenced to life imprisonment until his final breath for sexually assaulting a number of ladies in a shelter dwelling in Bihar’s Muzaffarpur district, has approached the Delhi High Court difficult his conviction and jail time period.
The excessive court docket is prone to take up this week his attraction in search of 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 till remainder of his life” and imposed a hefty fantastic of Rs 32.20 lakh on him, saying he was the “kingpin” of a “meticulously planned” conspiracy and “displayed extreme perversity”.
Besides him, the trial court docket has additionally despatched others to jail for life within the case.
Advocate Pramod Kumar Dubey, who represented Thakur earlier than the trial court docket, confirmed that the attraction has been filed on his behalf.
Thakur, within the attraction, contended that the trial was carried out in a “hurried manner” by the particular choose (POCSO), Saket, which was a flagrant violation of his proper to a free and honest trial as assured below the Constitution.
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 one way or the other conclude the trial.
The attraction, filed by advocates Nishaank Mattoo, Anurag Andley and Shreed Krsna, claimed that the conviction judgement and sentencing order had been handed by the trial court docket 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 problem that efficiency of an accused is without doubt one of the foundational information which the prosecution has to ascertain in a case associated to rape and stated neither the Bihar Police nor CBI had carried out the efficiency take a look at of Thakur.
“The trial court has failed to appreciate that in a case relating to rape, the prosecution must first and foremost establish that an accused is potent and thereby capable of committing the alleged act…
“The trial court docket has failed to understand that there is no such thing as a presumption below legislation that an individual who’s greater than 50 years of age and admittedly affected by excessive blood sugar needs to be potent…. Without 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 Special Judge, (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 acknowledged by the prosecution witnesses nor have been recorded in proof and have additional not even been argued by the prosecution through the course of ultimate arguments,” it alleged.
The appeal claimed that the trial court’s verdict was “unlawful, incorrect, perverse and opposite to the proof on report” 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 People’s Party (BPP) ticket, of a number of offences together with aggravated penetrative sexual assault below part 6 of the Protection of Children from Sexual Offences (POCSO) Act, and offences of rape and gang rape below the Indian Penal code (IPC).
Besides Brajesh Thakur, it had sentenced Dilip Verma, then Chairman of Child Welfare Committee; Child safety officer of District Child Protection Unit Ravi Roshan; member of Child 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 life 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 complicated in Delhi on the Supreme Court’s instructions.
The matter had come to gentle on May 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 dwelling for the primary time.
(Except for the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)
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