Friday, March 9, 2018

AARUSHI CASE

CBI challenges Talwar couple’s acquittal in SC

Dhananjay.Mahapatra@timesgroup.com 09.03.2018

New Delhi: The CBI filed an appeal in the Supreme Court on Thursday challenging the fivemonth-old Allahabad high court order acquitting Rajesh and Nupur Talwar in the murder of their teenage daughter Aarushi and domestic help Hemraj at their Noida residence in 2008.

Armed with an opinion from additional solicitor general P Narasimha for filing the appeal, the CBI said the HC had erred in reversing the “well reasoned” order of a Ghaziabad trial court, which had scrutinised the entire gamut of circumstantial evidence and “rightly applied” the ‘last seen with’ theory in recording conviction of the Talwar couple.

On October 12, the Allahabad HC had acquitted the Talwars in the sensational double murder case and said they could not be held guilty on the basis of the evidence on record. The verdict had ended the nine-year ordeal of the parents who were found guilty by a CBI court of murdering 14-year-old Aarushi. The Ghaziabad CBI court had sentenced them to life imprisonment on November 26, 2013, a day after it found them guilty.

The CBI had earlier filed a closure report saying it was not able to bring murder charges against anyone because of insufficiency of evidence. But the CBI court rejected the closure report and proceeded with the trial against the Talwar couple saying there was enough circumstantial evidence to proceed with the trial despite the agency’s closure report.

In its appeal against the Talwars’ acquittal, the CBI said the HC had erred by not taking into account important circumstantial evidence, which assumed significance in a case of this nature where eyewitnesses were absent. The agency said the HC completely discarded the “demeanour of the parents” immediately after the murders were discovered, which it said was an important pointer towards their role in the crime.

The CBI said the HC also discarded a woman domestic servant’s evidence relating to the conduct and behaviour of the Talwars the day after the murders and her statement about the door not being locked from outside as was claimed by the Talwars. 



Rajesh and Nupur Talwar

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