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  • Aarushi-Hemraj trial verdict today

    Published on November 25, 2013

    Rajesh Talwar new1Nearly five-and-a-half years after the sensational killings of teenager Aarushi Talwar and domestic help Hemraj, a special CBI court will Monday pronounce its verdict whether her parents are guilty in the case which saw several twists and turns.

    Special Judge S Lal, who is retiring soon, will give his decision after a 15-month-long trial of dentist couple Rajesh and Nupur Talwar, both out on bail at present, on charges of murder and destruction of evidence in the killing of their 14-year-old daughter and servant on the intervening night of May 15-16, 2008 at their Jalvayu Vihar residence in Noida.

    The probe followed a sine curve with varied theories from the investigating agencies–Uttar Pradesh Police and CBI–starting with father Rajesh Talwar being a suspect to the domestic servants of their friends and back to the dentist and his wife.

    The case has been under intense media glare throughout and in August 2009 the Supreme Court restrained the media from sensational or scandalous reporting of the matter even as the Talwars accused CBI of changing the course of investigation and purported leaks “damaging” their reputation.

    Uttar Pradesh Police started its probe on the premise that Hemraj had killed Aarushi and escaped from the crime scene.

    After discovery of Hemraj’s body on the terrace of Talwars’ flat next day i.e. on 16th May 2008, under dramatic circumstances, the needle of suspicion came on Rajesh who was taken into custody by the UP Police.

    The sensational allegations made by UP Police that killer was none other than father of the teenager who acted in rage after finding Aarushi and Hemraj in “objectionable but not compromising” position accentuated media attention.

    Amid growing media scrutiny, the then UP Chief Minister Mayawati handed over the case to CBI.

    A CBI team under Joint Director Arun Kumar concluded that murders were allegedly committed by Krishna Thadarai- help at Talwar’s clinic, his friend Rajkumar– a domestic servant with Praful and Anita Durrani who were Talwars’ friends, and Vijay Mandal, driver of Talwars’ neighbour.

    These findings were trashed by the then CBI Director Ashwani Kumar who poked holes in the theory by underlining loopholes in the arguments given by Arun Kumar.

    In September 2009, Kumar constituted a new team under Joint Director Javeed Ahmed and the then SP Neelabh Kishore to look into the case afresh with freedom to choose their team members for the case.

    After nearly an year of intense probe, the new team cleared the servants and hinted at the role of Rajesh Talwar on the basis of circumstantial evidence.

    The team filed a closure report in the case on 29th December 2010 citing “insufficient evidence” which was rejected by District Magistrate Priti Singh who ordered that Talwars should stand trial in the case.

    “In such a case where the incident has happened inside home, visible evidence cannot be ignored,” the court said.

    The Talwars had subsequently moved the Allahabad High Court, which dismissed their pleas to quash the trial court summons and the proceedings initiated against them.

    The couple then approached the apex court but were denied relief. The trial in the sensational murders started on 11th June 2012.

    The case went on for nearly one and a half year during which prosecution led by CBI’s Deputy Legal Advisor R K Saini presented 39 witnesses to buttress their case while defence team presented seven witnesses.

    On 25th January 2011, Rajesh was attacked by a youth with a meat cleaver on the Ghaziabad court premises.

    The action in court at times had shades of a Bollywood drama when defence lawyer performed a demonstration of the attack of golf club on motorbike helmet and a dragging scene by putting a man in a bed sheet before the judge, claiming that dentist couple would have been unable to drag Hemraj’s body to terrace.

    The prosecution started its final arguments on 10th October summing up their case against Rajesh and Nupur running into nearly seven days while defence started its arguments on 24th October and completed it on 12th November.

    CBI pressed the theory that during the night of murders there was no evidence of any forced entry and out of four people–Aarushi, Hemraj, Rajesh and Nupur–only two were alive hence circumstantial evidence pointed towards the dentist couple’s involvement.

    Saini strongly put forward circumstantial evidence–no outsider entry, last scene theory, dressing of crime scene, destruction of evidence, tampering with Aarushi’s body and cover up of Hemraj’s body with cooler panel on the terrace–which, he claimed, go against Talwar couple.

    “Sudden and grave provocation theory, as told by the defence, is not our theory,” Saini said adding that Rajesh Talwar with golf club in his hand entered Aarushi’s room in order to commit crime.

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