Bihar shelter home case: Delhi HC issues notice to CBI over accused plea

Brijesh Thakur, the owner of a Non-Government Organization (NGO) called 'Sewa Sankalp Evam Vikash Smiti', was convicted on Jan 20 by the District Court along with 18 others.

On Feb 11, the court had sentenced him to undergo life imprisonment for the sexual assault on 40 girls in his shelter home.

Counsel for Thakur filed an appeal against the order of the District Court and submitted that neither the Bihar Police nor the CBI has conducted the potency test of Brijesh Thakur in the matter.

The Counsel also argued that the CBI, despite examining his wife, did not put her statement under Section 161 of the Cr.PC. on record and thereby the prosecution has miserably failed to prove the first and foremost important fact which is a prerequisite in a rape case that whether an accused who is charged with rape is, in fact, capable of committing rape.

Counsel for Thakur submitted that the trial court had conducted the hearing in a hurried manner and hence violated his right to a free and fair trial as guaranteed under the Constitution.

Delhi High Court Justice Vipin Sanghi and Justice Rajnish Bhatnagar on Wednesday after hearing the appeal issued notice to Government Agency for filing the reply of the petition and fixed the matter for hearing on Aug 25.

(Image: UNI)