Bihar Shelter Rapes: Brajesh Thakur Moves Court Against life Sentence

New Delhi:

Brajesh Thakur, who used to be sentenced to lifestyles imprisonment until his closing breath for sexually assaulting a number of women in a safe haven house in Bihar’s Muzaffarpur district, has approached the Delhi Top Court docket difficult his conviction and prison time period.

The top courtroom is more likely to soak up this week his attraction looking for to put aside trial courtroom’s January 20 judgment convicting him within the case and February 11 order sentencing him to lifestyles imprisonment until his closing breath.

A tribulation courtroom right here had sentenced Thakur to “rigorous imprisonment until rest of his lifestyles” and imposed a hefty high-quality of Rs 32.20 lakh on him, pronouncing he used to be the “kingpin” of a “meticulously deliberate” conspiracy and “displayed excessive perversity”.

But even so him, the trial courtroom has additionally despatched others to prison for lifestyles within the case.

Recommend Pramod Kumar Dubey, who represented Thakur earlier than the trial courtroom, showed that the attraction has been filed on his behalf.

Thakur, within the attraction, contended that the trial used to be performed in a “moved quickly approach” via the particular pass judgement on (POCSO), Saket, which used to be a flagrant violation of his proper to a loose and honest trial as assured beneath the Charter.

He claimed that his programs and submissions had been brushed aside in a mechanical approach with out due software of judicial thoughts with a purpose to one way or the other conclude the trial.

The attraction, filed thru advocates Nishaank Mattoo, Anurag Andley and Shreed Krsna, claimed that the conviction judgement and sentencing order had been handed via the trial courtroom in a prejudiced and mechanical approach having been swayed via the gruesomeness of the allegations levelled towards Thakur and the general public belief.

The attraction additionally raised the problem that efficiency of an accused is among the foundational details which the prosecution has to determine in a case associated with rape and mentioned neither the Bihar Police nor CBI had performed the efficiency take a look at of Thakur.

“The trial courtroom has failed to realize that during a case in terms of rape, the prosecution should at the start identify that an accused is potent and thereby able to committing the alleged act…

“The trial courtroom has failed to realize that there is not any presumption beneath regulation that an individual who’s greater than 50 years of age and albeit affected by top blood sugar must be potent…. With out setting up the efficiency of the accused specifically person who is greater than 50 years of age the accused can’t be convicted of the offence of rape,” it contended.

“The Particular Pass judgement on, (POCSO), Saket whilst convicting the appellant (Thakur) has relied upon legally inadmissible proof and has assumed the function of a prosecution witness via giving imaginable explanations that have neither been said via the prosecution witnesses nor had been recorded in proof and feature additional no longer even been argued via the prosecution right through the route of ultimate arguments,” it alleged.

The attraction claimed that the trial courtroom’s verdict used to be “unlawful, wrong, perverse and opposite to the proof on file” and therefore at risk of be put aside.

The trial courtroom on January 20, had convicted Brajesh Thakur, who as soon as unsuccessfully contested meeting polls on Bihar Other people’s Birthday celebration (BPP) price ticket, of a number of offences together with irritated penetrative sexual attack beneath segment 6 of the Coverage of Kids from Sexual Offences (POCSO) Act, and offences of rape and gang rape beneath the Indian Penal code (IPC).

But even so Brajesh Thakur, it had sentenced Dilip Verma, then Chairman of Kid Welfare Committee; Kid coverage officer of District Kid Coverage Unit Ravi Roshan; member of Kid Welfare Committee Vikas Kumar; Guddu Vijay; Kumar Tiwari; Guddu Patel; Kishan Kumar and Ramanuj Thakur to imprisonment for rest of lifestyles within the case.

It had additionally ship 3 girls — Minu Devi, Kiran Kumari and Shaista Praveen — to prison for lifestyles 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 prison time period.

It had imposed various fines at the convicts.

It had additionally granted a repayment of Rs five.50 lakh to a few of the rape sufferers; Rs 6 lakh to probably the most sufferers, Rs nine lakh to some other sufferer, Rs 40,000 every to 2 of the sufferers and Rs 25,000 to some other 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 publish on August eight, 2018.

The case used to be transferred on February 7, 2019 from an area courtroom in Muzaffarpur in Bihar to a POCSO courtroom at Saket district courtroom advanced in Delhi at the Superb Court docket’s instructions.

The topic had come to gentle on Might 26, 2018 after Tata Institute of Social Sciences submitted a report back to the Bihar executive highlighting the alleged sexual abuse of ladies within the safe haven house for the primary time.

(Aside from for the headline, this tale has no longer been edited via NDTV team of workers and is printed from a syndicated feed.)