Muzaffarpur shelter home case: Delhi HC adjourns to Oct 1 Brijesh Thakur's appeal against conviction, sentence

Sep 15, 2020

New Delhi [India], September 15 : The Delhi High Court on Tuesday adjourned to October 1 hearing on Brijesh Thakur's appeal against a trial court order convicting and sentencing him to life imprisonment in connection with the Muzaffarpur shelter home case.
A division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar adjourned the hearing on the matter for October 1.
According to the convict's lawyers, the trial court had conducted hearing in the matter in a "hurried manner" and thus it had violated his right to a free and fair trial as guaranteed under the Constitution of India.
Thakur, through his appeal, has sought to quash the trial court order convicting and sentencing him, along with 18 others, on January 20 and February 11 respectively. Thakur owned and managed the NGO called Sewa Sankalp Evam Vikas Samiti where over 40 girls were allegedly sexually and physically assaulted.
Thakur has submitted that due to the pace at which the trial was conducted and the arduous hours which extended beyond normal court timings on a regular basis the appellant was denied his statutory and fundamental right.
The appeal has also said that the trial court has failed to appreciate that 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 Central Bureau of Investigation (CBI) opposed the plea submitting that Brijesh Thakur was convicted on account of commission of heinous offences where he systematically sexually, physically, socially and mentally abused minor girls.
The CBI, in its response submitted before the High Court, has also submitted that he misused government grants received at Balika Grih in Muzaffarpur.
The Supreme Court had transferred the case from Bihar to a Delhi court and ordered the judge to complete it within six months, following which the trial court framed charges against 20 accused in the case.