Brajesh Thakur, in the appeal, argued that the trial was “hasty” (File)
New Delhi:
Brajesh Thakur, who was sentenced to life imprisonment until his last breath for sexually assaulting several girls in a home in the Muzaffarpur district of Bihar, approached the Delhi High Court to challenge his conviction and sentence. jail.
The High Court is likely to seize this week its appeal aiming to annul the judgment of the court of first instance of January 20 condemning him in the case and the order of February 11 ordering him to life imprisonment until his last breath .
A lower court sentenced Thakur to “rigorous imprisonment until the end of his life” and imposed a heavy fine of 32.20 lakh rupees, claiming that he was the “kingpin” of a plot “meticulously planned” and “demonstrates extreme perversity”.
Besides him, the trial court also sent other people to life imprisonment in this case.
Lawyer Pramod Kumar Dubey, who represented Thakur before the Court of First Instance, confirmed that the appeal had been filed on his behalf.
Thakur, in the appeal, argued that the trial was conducted “hastily” by the special judge (POCSO), Saket, which was a gross violation of his right to a free and fair trial guaranteed by the Constitution.
He argued that his claims and claims had been mechanically dismissed without due regard for the judiciary in order to conclude the trial in one way or another.
The appeal, filed through counsel Nishaank Mattoo, Anurag Andley and Shreed Krsna, claimed that the conviction and order had been influenced in a detrimental and mechanical manner, having been influenced through the macabre allegations made against Thakur and the public. Perception.
The appeal also raised the issue of the power of an accused is one of the basic facts which the prosecution must establish in a rape-related case and stated that neither the Bihar police nor the CBI had carried out the Thakur power test.
“The special judge (POCSO), Saket, while condemning the appellant (Thakur), relied on legally inadmissible evidence and assumed the role of prosecution witness by giving possible explanations which have not been neither stated by prosecution witnesses nor recorded in evidence and were not even debated by the prosecution during the final oral argument, “he said.
The appeal argued that the trial court’s verdict was “illegal, incorrect, perverse and contrary to the evidence on the record” and could therefore be set aside.
On January 20, the court of first instance recognized Brajesh Thakur, who had unsuccessfully challenged Assembly polls on the ticket of the Popular Party of Bihar (BPP), guilty of several offenses, including sexual assault with aggravated penetration under section 6 of the Protection of Children from Sexual Offenses Act (POCSO). and rape and gang rape offenses under the Indian Penal Code (IPC).
Besides Brajesh Thakur, he had condemned Dilip Verma, then president of the child protection committee; Ravi Roshan, child protection officer of the district child protection unit; child protection committee member Vikas Kumar; Guddu Vijay; Kumar Tiwari; Guddu Patel; Kishan Kumar and Ramanuj Thakur imprisoned for the rest of their lives in the case.
He also sent three women – Minu Devi, Kiran Kumari and Shaista Praveen – to life imprisonment for complicity in rape.
The trial court had sentenced Rama Shankar, Ashwani, Manju Devi, Chanda Devi, Neha Kumari and Hema Masih to 10 years in prison and Indu Kumari to three years in prison.
He had imposed various fines on those convicted.
He also awarded compensation of 5.50 lakh rupees to three of the rape victims; Rs 6 lakh for one of the victims, Rs 9 lakh for another victim, Rs 40,000 for two of the victims and Rs 25,000 for another victim.
Bihar’s former social welfare minister and former JD (U) chief Manju Verma also faced splinters when allegations had been made of links between her husband and Brajesh Thakur. She resigned from her position on August 8, 2018.
The case was transferred on February 7, 2019 from a local court in Muzaffarpur in Bihar to a POCSO court in the Saket District Court complex in Delhi on the instructions of the Supreme Court.
The case was revealed on May 26, 2018 after the Tata Institute of Social Sciences submitted a report to the government of Bihar highlighting allegations of sexual abuse of girls in the shelter for the first time.
(With the exception of the title, this story was not edited by GalacticGaming staff and is published from a syndicated feed.)
