Brijesh Thakur sought to quash the trial court order convicting and sentencing him, along with 18 others.
New Delhi:
The Delhi High Court on Friday adjourned to February 18 hearing on an appeal filed by Brijesh Thakur against his conviction and sentencing in connection with the Muzaffarpur shelter home case.
A division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar adjourned further hearing in the matter to February 18 after the appellant side sought an adjournment in the matter today.
Brijesh Thakur, who is currently serving his sentence in the matter, had moved an appeal against the trial court orders convicting and sentencing him in connection with the case related to sexual, physical, and mental abuse of over 40 minor girls in a shelter home in Muzaffarpur.
According to his appeal, the trial court had conducted the 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.
Brijesh Thakur sought to quash the trial court order convicting and sentencing him, along with 18 others, dated January 20 and February 11 respectively. Brijesh Thakur was the owner of the NGO called Sewa Sankalp Evam Vikas Samiti and managed the place where the incident took place.
Brijesh 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 also said 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 Central Bureau of Investigation (CBI) opposed the plea submitting that Brijesh Thakur was convicted on account of commission of heinous offences where, it said, he systematically sexually, physically, socially and mentally abused minor girls.
The CBI, in its response submitted before the High Court, has also stated 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 had framed charges against 20 accused in the case.
