Advocate Pramod Kumar Dubey appeared for accused Brajesh Thakur in Delhi Excessive Court docket. (File)
New Delhi:
The Central Bureau of Investigation (CBI) submitted earlier than the Delhi Excessive Court docket on Tuesday that Brajesh Thakur, who’s serving his sentence in Muzaffarpur shelter house 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 Excessive Court docket on Brajesh Thakur’s attraction 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 courtroom has discovered him responsible on many counts as talked about within the judgment and has rightly sentenced him to imprisonment for all times and imposed positive which is to be paid/used for rehabilitation of sufferer ladies in opposition to whom he has dedicated heinous offences as talked about within the judgment,” the CBI submitted.
Advocate Rajesh Kumar, showing for the CBI in the present day, knowledgeable the courtroom that the reply has been filed within the matter yesterday which did not come on document.
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 attraction filed by Brajesh Thakur, convicted for sexually assaulting ladies at Muzaffarpur shelter house, difficult trial courtroom order convicting and sentencing him to life imprisonment.
Advocate Pramod Kumar Dubey appeared for accused Brajesh Thakur within the Delhi Excessive Court docket.
Based on the convict’s attorneys, the trial courtroom had carried out listening to within the matter in a “hurried method” and thus it had violated his proper to a free and truthful trial as assured beneath the Structure of India.
Brajesh Thakur, via his attraction, 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 referred to as Sewa Sankalp Evam Vikas Samiti and managed the place the place the incident happened.
“The hurried method wherein the trial was carried out by the Particular Choose, (POCSO), Saket was a flagrant violation of inter alia the proper of the appellant to a free and truthful trial assured beneath Article 21 of the Structure of India and lawful functions and submissions/ requests made by and on behalf of the appellant have been dismissed in a mechanical method with out due utility of judicial thoughts with a view to one way or the other conclude the trial,” Brajesh Thakur’s attraction mentioned.
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 elementary proper.
The attraction additionally mentioned that the trial courtroom has failed to understand case regarding rape the prosecution should at the beginning set up that an accused is potent and thereby able to committing the alleged act.
“Within the current case neither the Bihar Police nor the CBI has carried out the efficiency take a look at of the accused Brijesh Thakur and regardless of inspecting his spouse didn’t place her assertion beneath part 161 Cr.P.C. on document and thereby the prosecution has miserably did not show the primary foremost and most vital reality which is a pre-requisite in a rape case i.e. the truth that an accused who’s charged with rape is, in actual fact, able to committing rape,” it added.
The Supreme Court docket 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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