The judgment in the Muzaffarpur shelter home case was deferred for the third time on Tuesday after the counsel for the main accused, Brajesh Thakur, moved an application claiming that the witnesses were unreliable and had misled the investigation agency as well as the court
This development came after the CBI on January 9 submitted a status report before the Supreme Court that there was no evidence that any inmate had been murdered, as was alleged earlier. The agency said that all 35 girls had been traced and found to be alive.
The CBI had investigated cases of 17 shelter homes in Bihar and chargesheets had been filed in 13 of them. Four cases were closed as no evidence of wrongdoing was found after preliminary enquiry.
Additional Sessions Judge Saurabh Kulshreshtha issued notice to the CBI to file a reply to the application within two days and set the date of judgment to January 20.
The application stated that the “witnesses are both unreliable and untrustworthy and they have misled not only the investigation agency but also this court”.
Thakur told the court that the “case set up by the prosecution witnesses is false, fabricated and concocted” and the new facts were not available with him during the trial and therefore could not have been placed before the court. He told the court that “grave prejudice and irreparable loss will be caused to him if the final judgment is passed without taking into the account the aforementioned facts”.
The Supreme Court had ordered transfer of the case from Bihar to a POCSO court in Saket District Court complex in Delhi.
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