National / World

Aarushi murder: High court acquits parents Rajesh and Nupur Talwar


Allahabad, Oct 12 (IANS): Serving life term, dentist couple Rajesh and Nupur Talwar were on Thursday acquitted by the Allahabad High Court in the murders of their teenage daughter Aarushi and domestic help Hemraj giving them the benefit of doubt, a verdict that left questions still unanswered on who was behind the sensational killings nine years ago.

A bench of Justice B.K. Narayana and Justice A.K. Mishra set free the couple in the murder of 14-year-old Aarushi Talwar at their Jalvayu Vihar home in Noida on May 16, 2008.

Tanveer Ahmed Mir, lawyer for the couple, said they were able to prove that the CBI case had no basis or legs to stand on. "Once the basis of the prosecution was knocked out because it was unbelievable, then there was no motive. There was no sterling witness."

Aditya Wadhwa, another defence lawyer, said just because there was no other person present in the room, where Aarushi was found dead, it was unjustified to blame the parents for the murder.

He said both the judges found the charges against them baseless and there was no strength in the allegations of the CBI.

Dhruv Gupta, another counsel for the accused parents, said there was no eyewitness and in a case which depended on circumstantial evidence "the law of the land is that the benefit of doubt goes to the accused".

"Also when is an alternative hypothesis (of some other killer), the benefit of doubt again goes to the accused."

The couple is expected to be set free from Dasna jail in Ghaziabad on Friday. Their relatives expressed happiness over the judgement, saying finally the ordeal is over for the couple.

"I am thankful to the judiciary for giving a positive verdict. It has been a stressful life since Aarushi Talwar was killed. I am grateful for the acquittal of Rajesh and Nupur. Allow us to soak in the news. We always knew they were not guilty," Aarushi's maternal grandfather B.G. Chitnis said.

Reacting to the verdict, the CBI said it would study the Allahabad High Court order and "decide the future course of action".

Pinaki Mishra, the lawyer who appeared for the couple in the Supreme Court, said the CBI will have no case to argue in the Supreme Court. "In fact, they will have to answer a number of questions in the Supreme Court as to why they did not investigate properly."

After a Special CBI Court in Ghaziabad convicted them for the murders in 2013 and handed them life terms, the Talwars appealed in the Allahabad High Court against the verdict.

Former CBI Director A.P. Singh, who then headed the agency when it took over the case, said: "There were loopholes in our investigation and that is why we had closed the case saying it was inconclusive."

He said the High Court verdict "does not say that the Talwars didn't do it" but that there was not enough evidence against them.

Aarushi was found murdered in her bedroom, following which Hemraj was initially a suspect. However, his body too was found in a pool of blood a day later on the terrace of the house.

The Uttar Pradesh Police accused Rajesh Talwar of killing his daughter in a fit of rage after he allegedly found Aarushi in a compromising situation with Hemraj. Rajesh Talwar was arrested on May 23, 2008.

On May 31, the Central Bureau of Investigation (CBI) took over the case. It initially absolved the parents of conspiracy and murder but later held them responsible.

On June 13, Rajesh Talwar's compounder Krishna was arrested by the CBI. Ten days later, Raj Kumar, a servant of a doctor friend of the Talwars, and Vijay Mandal, the domestic help of the Talwars' neighbour, were also nabbed.

The three were later freed after no evidence was found against them.

Comment on this article

  • H. Pinto, Mangalore

    Sun, Oct 15 2017

    This is a classic case of a botched up investigation since the first day. Justice delayed is justice denied. Imagine having to spend nearly a decade in jail for something one hasn’t done at all. These are respected professionals leading a fairly well to do lifestyle. Why would they kill their only daughter???
    Just because it’s a girl and a man’s murder the idiotic police jumped to conclusions of an affair! How stupid. Shows the general attitude of our country. Inspite of the man having a grandchild in his native. The stupid concept of honour killing was introduced. Lots of evidence has been overlooked. A hand print of blood wasn’t analysed, prints not taken for tests, evidence has gone missing, tags on important evidence had been mysteriously interchanged etc. This case was a circus of incompetent police and egoistic CBI officials.
    That night a lot than meets the eye happened. Narco tests have been done on 3 other suspects but the results were never admitted by the succeeding CBI officer. They have long ago left to Nepal and the poor parents are still proving their own innocence. God forbid anything like this happen to any parents.

    DisAgree Agree [1] Reply Report Abuse

  • k b r, Mangala uru

    Fri, Oct 13 2017

    they should be tried for neglect of minor child by parents...if aarushi and both the parents were at home at the time of aarushi death, how come they do not know what happened?

    DisAgree [1] Agree [1] Reply Report Abuse

  • Nithan, Mangalore/Bangalore

    Fri, Oct 13 2017

    Conclusion: They killed each other...! Case closed.

    DisAgree Agree [1] Reply Report Abuse

  • Honnappa, Byadagi

    Fri, Oct 13 2017

    Classic case how shabby investigations by different law enforcement agencies of Bharata Desha can do to a murder. If such trend continues people will loose faith.

    DisAgree [1] Agree [2] Reply Report Abuse

  • Abdul Narayan D'Souza, Udupi

    Fri, Oct 13 2017

    Mr. Jeevan,
    What exactly are you talking about? Only the killers and the victims (who are both dead now) know for sure as to what happened that fateful night. Everyone else is making their own assumptions, some of which are based on logical evidence and most of which are pure fictional without any evidence.
    You say that the parents killed Aarushi for their satisfaction and selfishness. What satisfaction and selfishness are you referring to? Aarushi was only 14 and still financially dependent on her parents and hence wealth cannot be the motive for murder.
    Don’t blame the parents for the incompetent and botched up investigation of the UP Police. First they blame Hemraj for Aarushi’s murder without any evidence and without bothering to do a panchnama of the entire crime scene; Then once Hemraj’s body is discovered a day later, they blame the father claiming it to be some sought of ‘honour’ killing but without providing any evidence to back up their claim.
    CBI were perfectly justified in the first instance when they filed a closure report claiming that evidence may point suspicion at the parents but they are not sufficient to result in a conviction. However, the CBI judge felt otherwise and order the parents to stand trial.
    Then in the trial, the benefit of doubt always seems to have gone to the prosecution and not the accused. And hence what Allahabad HC did today was merely to transfer that benefit in favour of the Talwars rather than the prosecution.
    Prosecution’s case was that Mr. Talwar found his daughter and servant in an objectionable position and killed both of them in a fit of rage. Surely, some perverted mind in UP Police first came up with this theory even though they had absolutely no evidence to back this theory. Secondly, and most importantly, none of the CBI officers have ever been able to explain as to how Aarushi’s blood was found in the house but there was no trace of Hemraj’s blood at all.

    DisAgree [1] Agree [4] Reply Report Abuse

  • leslie, udupi

    Fri, Oct 13 2017

    Justice is a difficult sentence to deliver...
    It becomes even more difficult in such confusing situations...
    CBI under duress from public outcry closed the case to come out clean...
    But our judges are impartial and sensitive to humanity...
    Benefit of doubt has to be given to parents if it is half circumstantial evidence...

    DisAgree [1] Agree [4] Reply Report Abuse

  • Mrs. a.f. d souza., kundapur/mumbai.

    Thu, Oct 12 2017

    justice is given to the innocent parents. already they lost their precious daughter. dear lord please bring out the truth , we are eager to know the truth. very shocking incident. can not believe it.

    DisAgree [2] Agree [3] Reply Report Abuse

  • Rob Stan, Udupi / US

    Thu, Oct 12 2017

    Talwar couple should have fired their domestic help if they had suspected something going on between their daughter & domestic help. Whey did they have to keep a male domestic help when they had a grown up daughter?

    DisAgree [5] Agree [16] Reply Report Abuse

  • Abdul Narayan D'Souza, Udupi

    Fri, Oct 13 2017

    Did the Talwar couple tell you that they actually suspected something illicit between their servant and their daughter?
    Whatever you are saying is nothing but a theory proposed by some perverted mind of the UP police which later on the CBI carried forward. What evidence has the prosecution provided to actually support this theory? None, zippo.
    Please don't tarnish the reputation of an young girl and poor Nepalese guy, especially when they are no longer around the defend such allegation.

    DisAgree Agree [1] Reply Report Abuse

  • Rob Stan, Udupi / US

    Fri, Oct 13 2017

    I had read at the time of the murder that the Talwar couple knew a high ranking police official. So he could have told them what to do. But they failed in that they couldn't move the dead body of Hemaraj from his room as per their plan. If they had destroyed all the evidences & if they knew some high ranking official & if they have resources to keep fighting the case, then how could they be prosecuted. Indian legal system is not very proactive like here especially when the victim is no more & there are no witnesses. If it was here the accused would have been in death row because it is a case of lying in wait.

    DisAgree Agree Reply Report Abuse

  • Richard, Mangalore

    Thu, Oct 12 2017

    No one has clear proof about who actually murdered the girl. However I am happy this sad couple is out of jail. Even if they had killed the child in a fit of anger, they will torture themselves in such guilt that they do not need any other punishment.

    DisAgree [4] Agree [21] Reply Report Abuse

  • S.F.H, Indian

    Thu, Oct 12 2017

    Give this case to Scotland Yard...our investigative agencies totally failed to nab the culprits

    DisAgree [8] Agree [12] Reply Report Abuse

  • Rao, Udupi

    Thu, Oct 12 2017

    This case clearly brings out loopholes or shortcomings in our investigation system and Judiciary.

    You do 10 different investigations and take to 10 different judges/ judicial panel you will get 10 different judgments.

    Law is one and facts of the case is same but 10 different judgments.

    How can you expect justice in this system? guilty does not get punished or innocent will get punished.

    DisAgree Agree [12] Reply Report Abuse

  • Dev, Mangalore

    Thu, Oct 12 2017

    From the beginning I had supported these innocent parents who were framed first by incompetent police & then vengeful CBI without any evidence but on assumption they concluded they had done the crime with flimsy stories to cover the motive for crime.
    The CBI court judge had written the verdict even before argument stage & had it typed by his own son as there was no typist in Hindi, which was insult to justice to the bereaved parents.
    I had commented these arguments will fail to stand in the higher court as no conclusive evidence was found & assumption of investigating agency are not fool proof.
    Thank God justice arrived late for the parents who had suffered a lot by the loss of their child killed brutally & add to that they were inside the prison for so long for no fault of theirs but they dared to question the earlier investigation by CBI.
    The culprits were Nepali friends of Hemraj, who were let off after buying their story, now they are free birds in their own country.
    It is a lesson for all those who cry CBI probe in each & every suspicious crimes involving murder at drop of a hat, they too are not infallible but they too are human & to err is not new to them.

    DisAgree [2] Agree [14] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Oct 12 2017

    The case was intentionally dragged because Rajesh & Nupur are very Rich ...

    DisAgree [12] Agree [12] Reply Report Abuse

  • J.F.D SOUZA, Attavar, Mangalore

    Thu, Oct 12 2017

    On this analogy Udupi Bhasker Shettys murder case, his wife and son and Niranjan Shetty will definitely come out from murder charges.

    DisAgree [3] Agree [28] Reply Report Abuse

  • Sanjay, Hebri

    Thu, Oct 12 2017

    Its high time we have three judge district courts, to avoid corruption & to avoid such irrational lower court judgement.....how can such guilty verdict come when investigate agency cbi had given Clean chit to accused?

    DisAgree Agree [2] Reply Report Abuse

  • Af,,, Mangalore

    Thu, Oct 12 2017

    If anyone murder, rape, harass court need evidence ,anyone can escape from punishment ,court finally says that murder is done but there is no evidence murder is done by accused person,, so case puska.court never says who is the real murderer.

    DisAgree Agree [8] Reply Report Abuse

  • Abdul Narayan D'Souza, Udupi

    Fri, Oct 13 2017

    What exactly are you expecting?

    Do you mean to say that the court should send some one to prison even if there is no robust evidence just to satisfy your ego?

    DisAgree Agree [2] Reply Report Abuse

  • Mahendra Shetty, Mumbai Mangalore

    Thu, Oct 12 2017

    WHO EVER KILLED , IF THERE IS NO CLEAR EVIDENCE FOR NAME SAKE WE CAN NOT PUNISH ANY ONE....

    SO END OF THE DAY GOOD DECISION !

    DisAgree [8] Agree [26] Reply Report Abuse

  • M.A.Kamal, Mangalore/Saudi Arabia

    Thu, Oct 12 2017

    The question remains who killed Arushi and Hemraj?

    DisAgree Agree [30] Reply Report Abuse

  • santhu, Mumbai/Udupi

    Thu, Oct 12 2017

    then who is the real culprit ? Nobody killed her?

    DisAgree Agree [24] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Thu, Oct 12 2017

    Then who killed Aarushi & why????

    DisAgree [2] Agree [29] Reply Report Abuse

  • Hasan, Doha

    Thu, Oct 12 2017

    This means the real culprit is still roaming free after around 11 years of crime. and our security agencies is failed to nap the real culprit.

    DisAgree [1] Agree [33] Reply Report Abuse

  • Richard Noronha, Belman

    Thu, Oct 12 2017

    Justice prevailed to innocent parents..Let CBI nab the real culprit

    DisAgree [13] Agree [18] Reply Report Abuse

  • Jeevan, Belle

    Thu, Oct 12 2017

    Its indian andha law its clear cut muder by parents...evidences r there.witness there. Still seems andha law seems fully blind nd curropted badly....they r not doctors...monsters..killed daughter for their statis ns selfishness

    DisAgree [21] Agree [28] Reply Report Abuse

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Title : Aarushi murder: High court acquits parents Rajesh and Nupur Talwar


 
 
 
 

 
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