Aarushi murder: It's a witch hunt, sad day for India, Talwars' lawyers

Discussion in 'Politics & Society' started by Ray, Nov 26, 2013.

  1. Ray

    Ray The Chairman Defence Professionals Moderator

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    Aarushi murder: It's a witch hunt, sad day for India, Talwars' lawyers say

    GHAZIABAD: Dentist couple Rajesh and Nupur Talwar were on Tuesday sentenced to life term by a CBI court after they were convicted of killing their daughter Aarushi and domestic help Hemraj five-and-a-half years ago.

    49-year-old Rajesh and Nupur(48) were spared the death penalty by additional session judge Shyam Lal who rejected the CBI plea for maximum punishment after the premier probe agency submitted that the case fell in the "rarest of rare" category.

    Arguing before the court on quantum of punishment in the sensational double murder that had gripped the nation as one of the most puzzling crimes ever, CBI counsel R K Saini argued that the killing was a cold-blooded murder and fell in the "rarest of rare" category.

    Defence counsel Tanvir Mir countered CBI's argument and said the evidence against his clients were weak and sought leniency for Talwars.

    The arguments lasted just five minutes before the judge adjourned proceedings and pronounced he quantum of sentence at 4.30pm. The Talwar couple remained composed.

    The Talwar couple were also sentenced for five years for destruction of evidence and Rajesh for another one year for filing wrong FIR with police. All the sentences pronounced by the judge, who relied heavily on the circumstantial evidence provided by the CBI, will run concurrently.

    The dentist couple were on Monday convicted in the murder of their 14-year-old daughter Aarushi and 45-year-old Hemraj in a case that was awash with allegations of sleaze and sex, police goofs, CBI flip-flops and media bias. The judge also made a reference to freaks in the history of mankind who kill their own progeny.

    The couple was convicted under IPC sections 302(murder), 201(destruction of evidence) and 34(common intention to commit the crime). Rajesh was also convicted separately for "furnishing false information to the police regarding the murder of his daughter by Hemraj(Section 203).

    According to the CBI, the dentist killed Aarushi and Hemraj at their Noida home on May 15-16 night, 2008, in a fit of rage after finding them in an objectionable position. It says Nuput helped in the crime.

    Rajesh's brother Dinesh on Monday said they would definitely appeal against the conviction in the Allahabad high court. "The fight has just begun. It will continue," he said, adding a lot of evidence has been ignored.

    According to the CBI, the Talwars killed Aarushi in a fit of rage after finding her with Hemraj, who hailed from Nepal, in an "objectionable position", suggesting the double-murder could be case of honour killing.

    Aarushi was found on her bed with her throat slit on the morning of November 1, days before the birthday of the class nine student, at their residence in Noida, a Delhi suburb.

    Police initially blamed the missing domestic servant Hemraj — only to find his decomposing body on the roof 24 hours later with a similar cut and head wounds.

    "Now is the time to say omega in this case, to perorate it is proved beyond reasonable doubt that the accused or the perpetrators of the crime in question.

    "The parents are the best protectors of their own children. That is the order of the human nature but there have been freaks in the history of mankind where the father and the mother became the killer of their own progeny.

    "They (Talwars) have extirpated their own daughter who hardly had seen 14 summers of her life and the servant without the compunction of terrestrial terrain in the breach of commandment 'thou shall not kill' and injunction of Holy Quran 'take not life which god has made sacred'," the judge, who is due to lay down office this month-end, said in his 204-page verdict on Monday.

    Rajesh was arrested by Noida Police after the then inspector general Gurdarshan Singh alleged that the father had murdered his daughter. Later, he came out on bail after the case was handed over to the CBI.

    Ironically, the CBI, which was handed over the case within a fortnight of the murders, initially gave Talwars a clean chit and pinned the blame on three domestic helps — Krishna, Rajkumar and Vijay — who were arrested.

    However, the CBI could not file a chargesheet in the stipulated three months time paving the way for their release on bail.

    The then CBI director A P Singh was of the opinion that no case was made against the three domestic helps and constituted a new team to probe the case afresh.

    The CBI later filed a closure report saying though there was enough suspicion about the role of the parents in the murder, they had no direct evidence to prove it.

    The CBI judge took on record the closure report and after perusing it, decided to press murder charges against the couple.

    The judge's order said that Talwars have been convicted under Section 302 (murder), Section 201 (destruction of evidence) and Section 203 (providing false information).

    The accused Dr Rajesh Talwar and Dr Nupur Talwar are convicted under Sections 302 read with Section 34 (common intent) and 201 read with Section 34 IPC, it said.

    "Dr Rajesh Talwar is also convicted under Section 203 IPC. Both the accused are sentenced to rigorous imprisonment for life under Section 302 read with Section 34 IPC with a fine of Rs 10,000 each and in default of payment of fine to undergo six months simple imprisonment," it said.

    They have been given five years rigorous imprisonment under Section 201 read with Section 34 IPC with a fine of Rs 5,000 each and in default of payment of fine to undergo simple imprisonment of three months.

    "Dr Rajesh Talwar is also sentenced to one year simple imprisonment under Section 203 IPC with a fine of Rs 2,000 and in default of payment of fine to undergo simple imprisonment of one month. All the sentences shall run concurrently," the order read.

    Serious miscarriage of justice: Talwars' lawyers

    Dubbing as "serious miscarriage" of justice the special CBI court verdict sentencing Rajesh and Nupur Talwar to life imprisonment for killing of Aarushi and Hemraj, the couple's lawyers on Tuesday alleged that the two had been victim of a "witch hunt".

    "It is serious miscarriage of justice. Definitely it will be examined. We will be appealing in Allahabad high court. The verdict is unsustainable in the court. There has been a witch- hunt," Talwars' counsel Rebecca John said.

    She alleged the case saw most "shocking abuse of power" by the CBI which investigated the 2008 double murder case of Talwars' daughter Aarushi and their domestic help Hemraj in neighbouring Noida.

    "It is the most shocking abuse of power (by the CBI). The kind of witch-hunt (they have done), I have never seen it. It is shocking and a sad day for India....

    "I believe the Talwars are the victims of witch hunt and I believe that they should have been honourably acquitted in this case and not held guilty. A lot of fabrication has been done in this case," John said.

    Lawyers exchange blows outside court

    Pandemonium broke out outside the CBI court on Tuesday soon after the Talwars were given life term in the Aarushi-Hemraj murder case as lawyers jostled with each other and two of them came to blows in a bid to brief the TV channels.

    As additional sessions judge Shyam Lal pronounced life imprisonment for Rajesh and Nupur Talwar for killing their daughter and domestic help, lawyers, unconnected with either defence or prosecution, rushed outside to brief the media.

    As Naresh Yadav, who used to represent one of the servant's earlier booked by the CBI, started briefing the media, another lawyer Sanjay Tyagi stood next to him to give his version.

    Things turned ugly when the personal security officer (PSO) pointed his automatic weapon at Tyagi for his frequent interference while Yadav was giving bytes to TV channels.

    This agitated Tyagi and his other colleagues and very soon they were seen exchanging blows with each other till others jumped into and separated the two.

    Both sides hurled acquisition against each other and the verdict of Aarushi, at least for the two lawyers, had taken a back seat.

    Aarushi murder: It's a witch hunt, sad day for India, Talwars' lawyers say - The Times of India

    **********************************************************************

    This case has been riding a roller-coaster.

    One really even now know the reality of what happened.

    What really happened?
     
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    Judge cites 26 reasons for sentencing Talwars in Aarushi-Hemraj murder case

    Of course there is no direct evidence but CBI has placed a "clinching wealth of circumstances" from which the guilt of Rajesh Talwar and his wife Nupur has been made out for murdering their daughter Aarushi and domestic help Hemraj, judge Shyam Lal said while outlining 26 reasons for sentencing the couple to rigorous life imprisonment.
    "From the evidence as tendered by the prosecution in form of oral and documentary evidence this court reaches to the irresistible and impeccable conclusion that only the accused persons are responsible for committing this ghastly crime as the following circumstances unerringly point towards the

    hypothesis of guilt of the accused," the 210-page order said.

    while pointing out 26 circumstances leading to the conviction.

    1. That irrefragably on the fateful night of May 15 and 16, 2008 both the accused were last seen with both the deceased in Flat No. L-32, Jalvayu Vihar at about 9.30 P.M. by Umesh Sharma, the driver of Rajesh Talwar;

    2. That on the morning of May 16, 2008 at about 6.00 A.M. Aarushi was found murdered in her bed-room which was adjacent to the bedroom of the accused and there was only partition wall between two bed-rooms;

    3. That the dead body of the servant Hemraj was found lying in the pool of blood on the terrace of flat no. L-32, Jalvayu Vihar on May 17, 2008 and the door of terrace was found locked from inside;

    4. That there is a close proximity between the point of time when both the accused and the deceased persons were last seen together alive and the deceased were murdered in the intervening night of May 15 and 16, 2008 and as such the time is so small that possibility of any other person(s) other than the accused being the authors of the crime becomes impossible;

    5. That the door of Aarushi's bed-room was fitted with automatic click-shut lock. Mahesh Kumar Mishra, the then S.P. (City), NOIDA has deposed that when he talked to Rajesh Talwar on May 16, 2008 in the morning, he had told him that in the preceding night at about 11.30 P.M. he had gone to sleep with the key after locking the door of Aarushi's bed-room from outside. Both the accused have admitted that door of Aarushi's bed-room was having automatic-clickshut lock like that of a hotel, which could not be opened from outside without key but could be opened from inside without key. No explanation has been offered by the accused as to how the lock of Aarushi¿s room was opened and by whom.

    6. That the internet remained active in the night of the gory incident suggesting that at least one of the accused remained awake;

    7. That there is nothing to show that an outsider(s) came inside the house in the said night after 9.30 P.M.;

    8. That there was no disruption in the supply of electricity in that night;

    9. That no person was seen loitering near the flats in suspicious ircumstances during that night;

    10. That there is no evidence of forcible entry of any outsider(s) in the flat in the night of occurrence;

    11. That there is no evidence of any larcenous act in the flat;

    12. That in the morning of May 16, 2008 when the maid came to the flat for the purpose of cleaning and mopping, a false pretext was made by Nupur Talwar that door might have been locked from outside by the servant Hemraj although it was not locked or latched from outside;

    13. That the house maid Bharti Mandal has nowhere stated that when she came inside the flat both the accused were found weeping;

    14. That from the testimony of Bharti Mandal it is manifestly clear that when she reached the flat and talked to Nupur Talwar then at that time she had not complained about the murder of her daughter and rather she told the maid deliberately that Hemraj might have gone to fetch milk from Mother dairy after locking the wooden door from outside. This lack of spontaneity is relevant under section 8 of the Evidence Act;

    15. That the clothes of both the accused were not found soaked with blood. It is highly unnatural that parents of deceased Aarushi will not cling to and hug her on seeing her murdered;

    16. That no outsider(s) will dare to take Hemraj to the terrace in severely injured condition and thereafter search out a lock to be placed in the door of the terrace;

    17. That it is not possible that an outsider(s) after committing the murders will muster courage to take Scotch whisky knowing that the parents of the deceased Aarushi are in the nearby room and his top priority will be to run away from the crime scene immediately.

    18. That no outsider(s) will bother to take the body of Hemraj to the terrace. Moreover, a single person cannot take the body to the terrace;

    19. That the door of the terrace was never locked prior to the occurrence but it was found locked in the morning of May 16, 2008 and the accused did not give the key of the lock to the police despite being asked to give the same;

    20. That the accused have taken plea in the statements under section 313 Cr.P.C. that about 8-10 days before the occurrence painting of cluster had started and the navvies used to take water from water tank placed on the terrace of the flat and then Hemraj had started locking the door of the terrace and the key of that lock remained with him. If it was so then it was not easily possible for an outsider to find out the key of the lock of terrace door;

    21. That if an outsider(s) may have committed the crime in question after locking the door of terrace and had gone out of the flat then the outer most mesh door or middle mesh door must have been found latched from outside;

    22. That the motive of commission of the crime has been established;

    23. That it is not possible that after commission of the crime an outsider(s) will dress-up the crime scene;

    24. That golf-club no.5 was thrown in the loft after commission of the crime and the same was produced after many months by the accused Rajesh Talwar;

    25. That pattern of head and neck injuries of both the accused persons are almost similar in nature and can be caused by golf-club and scalpel respectively;

    26. That the accused Rajesh Talwar was a member of the Golf-Club NOIDA and golfclubs were produced by him before the CBI and scalpel is used by the dentists and both the accused are dentists by profession;

    "The manner in which the murders were committed is not the handiwork of single accused and rather the murders were committed and evidence destroyed by both the accused in furtherance of their common intention which is apparent from the facts and circumstances" mentioned, the judge said.

    Judge cites 26 reasons for sentencing Talwars in Aarushi-Hemraj murder case - Indian Express
     
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  4. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    Who cares about this case except media....
     
  5. sayareakd

    sayareakd Moderator Moderator

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    Good Judgement over all, their habit of going to Hon'ble SC against every other order, has fasten this case.
     
  6. acetophenol

    acetophenol Regular Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    Can't imagine what they are going through if they are indeed innocent. However,I don't think they are innocent.
     
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  7. dhananjay1

    dhananjay1 Regular Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    I don't understand the media attention over this case. A father saw his daughter in bed with their servant, got angry and things got out of hand. It's more like an accident then a calculated murder case by seasoned thugs. I guess it's the kinky implications that has got people excited than anything to do with justice.
     
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  8. Decklander

    Decklander New Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    The verdict is correct. The cpl killed the daughter.
     
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  9. TrueSpirit1

    TrueSpirit1 The Nobody Banned

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    But why nothing came out of brain-mapping, narco-analysis, polygraph, lie-detector tests, etc. The couple displayed no knowledge of the incident. How is that even possible ? Why did CBI not present findings from these tests in the court ?

    Is there any possibility that murderers were already present in the house, drank their fav. poison, committed the act & escaped ? Was this angle explored ?

    How about Krishna's involvement..the Khurkri et al...all evidences appear circumstantial at best & the motive prescribed could be a figment of vivid imagination.

    What say ?
     
  10. Decklander

    Decklander New Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    Who cleaned her vagina and for what reason? who cud have been hurt the most if the vagina showed sexual intercourse or assault? Who cud do it so cleanly as to not even leave a trace of it?
    There was no way that the house cud have been locked the way it was from inside by an outsider and how did the room of Arushi was opened by someone who did not have the key unless opened by her from inside to let someone in for whatever reason.
     
  11. Godless-Kafir

    Godless-Kafir DFI Buddha Senior Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    She cleaned her own vagina? Then she killed herself?

    How could parents kill only daughter?? Something wrong here....
     
  12. TrueSpirit1

    TrueSpirit1 The Nobody Banned

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    That's quite a persuasive argument.

    Yeh, that was one of the primary evidences cited by the court.

    I Just hope that the Talwars are the real culprits. Perpetrators (if not the couple), walking free, would be the ultimate travesty of justice for the aggrieved parents.
     
  13. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    Those tests are not considered as evidence in Court of Law.
     
  14. TrueSpirit1

    TrueSpirit1 The Nobody Banned

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    I have heard that. But then, there is little point is doing all those tests.
     
  15. rock127

    rock127 Maulana Rockullah Senior Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    This is NOT a valid reason, it's only emotional one and Court doesn't run on emotions. Honour Killings is not a new thing in South Asia.

    There are too many contradictions which simply leads that parents did something wrong.
     
  16. Decklander

    Decklander New Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    I respect the judgement in this case but legal arguments can change a lot and one point where the judge seems to have gone wrong while being bangon with his judgement is- shifting the onus of proof to Talwars by probably wrongly interpreting the Indian Evidence Act. In his judgement, inadvertantly he has stated that it is Talwars to prove that things did not happen the way CBI made it out to be. That itself has the strength to knock this judgement out in High Court. IPC 302 does not have any provision which asks the accused to prove his innocence or where the burden/onus of proof shifts to the accused like some other acts. If 302 goes, everything else also goes.
    The lawyers are trained to have very analytical brains. From the same evidence while one can get a sentence, the other using the same evidence can get an acquittal. It is how you use your arguments and how you present the evidence and in which order, which makes the difference. There can be many theories to it but the fact remains why was her vagina cleaned and if Talwars had nothing to do anything with the murder, why did they ask the docter performing the post mortem to supperess sexual intercourse/assualt?
    everything points to those who had an honour to keep and maintain. Who cud they be? The rapist wud not be bothered and spend so much of time at the scene of crime after killing two people when he/them knows that there are two people who happen to be parents of one of the murdered victims are sleeping and alive within the same place.
     
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  17. VIP

    VIP Ultra Nationalist Senior Member

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    Re: Aarushi murder: It's a witch hunt, sad day for India, Talwars' law

    In legal battle, it's just a political tool to challenge rivals.
     

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