New Delhi, Jul 22 (UNI) The Delhi High Court on Wednesday issued notice to the Central Bureau of Investigation (CBI), after hearing an appeal filed by Brijesh Thakur, who was convicted and sentenced to life imprisonment in connection with the sexual assault of over 40 girls in a shelter home in Muzaffarpur District of Bihar.
Brijesh Thakur, was the owner of a Non Government Organization (NGO) called 'Sewa Sankalp Evam Vikash Smiti' and on January 20, the District court after hearing convicted him along with 18 others and later on February 11 sentenced him to undergo life imprisonment.
Counsel for Thakur filed an appeal against the order of District court and submitted that neither the Bihar police nor the CBI has conducted the potency test of Brijesh Thakur in the matter and despite examining his wife did not place her statement under Section 161 of the Cr.PC. on record and thereby the prosecution has miserably failed to prove the first foremost and most important fact which is a pre requisite in a rape case i.e. the fact that an accused who is charged of rape is in fact capable of committing rape.