Court seeks CBI reply on Thakur's plea claiming witnesses not reliable
New Delhi: A Delhi court has sought CBI's reply by January 18 on a plea filed by Brajesh Thakur, prime accused in alleged sexual and physical assault on several girls in a Muzaffarpur shelter home, claiming that the testimonies of witnesses in the case were not reliable.
Additional Sessions Judge Saurabh Kulshreshtha was hearing the plea which claimed that the case setup by the prosecution witnesses was "false, fabricated and concocted".
The court had earlier deferred for the third time pronouncement of judgement in the case till January 20 after the petition was filed before it.
The plea said the CBI on January 8 submitted a status report in the Supreme Court wherein it said that the some of the girls of the shelter home, who were thought to be allegedly murdered, were alive.
Thakur's petition, filed through advocate P K Dubey, has claimed that the prosecution witnesses in the shelter home sexual assault case were not trustworthy as the investigation into the allegations of murder were based on their statements. These facts were relevant and essential for a fair trial, it said.
"It is pertinent to mention that the investigation into the allegations of murder were based on the statements made by the prosecutrixes (rape survivors) who are prosecution witnesses in the case. They had levelled false allegations against the accused before the court including inter alia allegations pertaining to murder," it said.
The plea, also filed through advocate Dheeraj Kumar, has further alleged that the case setup by the prosecution witnesses was "false, fabricated and concocted".
"These facts were not only relevant but sine qua non (essential) for the just adjudication in the present case.
"The facts prove that the aforementioned prosecution witnesses are unreliable and untrustworthy and they have mislead not only the investigating agency but also this court. Further, the case setup by the prosecution witnesses is false, fabricated and concocted," the plea claimed.
These facts were new developments which were not available with the accused at the time of the trial and therefore could not have been placed before the court despite all diligence, it said.
The court had earlier deferred the order till January 14 as the judge was on leave and prior to it, the judgment was deferred by a month as 20 accused, who are currently lodged in Tihar central jail, could not be brought to court premises due to lawyers' strike in all six district courts in the national capital.