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Aarushi Talwar murder case verdict as it happened: Talwars 'not guilty' but they aren't proven innocent, says ex-CBI officer

IndiaFP StaffOct, 12 2017 21:58:10 IST
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Aarushi Talwar murder case verdict as it happened: Talwars 'not guilty' but they aren't proven innocent, says ex-CBI officer

  • 21:58 (IST)

    A brief summary of the day's developments

    • The Allahabad High Court acquitted Rajesh and Nupur Talwar, in the 2008 murders of their teenage daughter Aarushi and domestic help Hemraj, saying that the evidence was inconsequential to hold them guilty. The court decided to give the couple 'the benefit of doubt.'
    • The court said that the CBI hypothesis was not enough to convict the duo. The investigative agency could not corroborate its 'honour killing' theory, neither could it give evidence to completely rule out the possibility of an outsider entering the Talwars' Noida residence on the night of the crime. 
    • The Talwars are expected to walk out of Dansa prison by tomorrow afternoon after all the formalities are done. 
    • CBI is expected to challenge the acquittal in Supreme Court, however, the agency has said it will officially confirm its next move only after going through the voluminous judgment and consulting its legal team. 
    • The Talwars, meanwhile, are 'happy' after getting justice and their family is relieved after the high court ended the huge 'injustice meted out to them.'
    • The killer in the Aarushi case, however, remains at large. With Talwars' acquittal, the case is now back to square one as no new evidence can be collected in the case. There has been a divided opinion amid the judiciary over the narrative constructed from the available proof. While the lower court sought it fit to convict the Talwars of both murders and of destroying crucial evidence, the high court found that the case was not strong enough to convict the couple. 

  • 20:34 (IST)

    Contrasting post-mortem reports added to complexity of Aarushi murder case 

    There were differing post-mortem reports. While one mentioned a “prominent opening” of Aarushi’s private parts, the other mentioned “NAD (no abnormality detected)” in the section on the teenager’s private parts. 

  • 20:06 (IST)

    A trauma from years ago, now a painful mystery to live with: Aarushi Talwar's classmate

    Firstpost reached out to some of Aarushi Talwar's batchmates from Delhi Public School, Noida. Most of them flatly refused, stating that they’re fed up of answering interrogative questions that affect their mental peace. One of her classmates who chose to retain his/her identity finally agreed to relive the painful journey of growing up in the neighbourhood of this frightening crime

    "We didn’t believe that her parents could be her killers because they seemed just as concerned and loving as anybody else's parents. We used to see them regularly at PTA meetings or when they came to pick her up from school. We also didn't believe that she was sexually involved with her servant because she was an attractive girl and many guys crushed over her," she says. 

    Read the full article here

  • 19:53 (IST)

    Investigation botched up because crime scene was badly tampered: ex-CBI investigator 

  • 19:51 (IST)

    Court gave Talwars the benefit of doubt, hasn't pronounced them innocent, says former CBI investigator

  • 19:37 (IST)

  • 19:33 (IST)

    'CBI came with a preconceived notion and have been trying to fit the evidence to it', Nupur Talwar in 2012 interview

    In an interview given to CNN-News18 in 2012, Aarushi's mother, Nupur Talwar expressed dismayal at the fact that people would believe in therories accusing her and her husband of their child's murder. 

    "I don't know what else to say.. what should I do. How can you think that we could kill our child. Why wouldn't people believe us. I would put this on record here that we never touched the crime scene after we found Aarushi there," Nupur had said. 

    "The CBI has come with a preconceived notion, for reasons best known to them... and they are trying to fit the evidence to it," she had added

  • 18:36 (IST)

    Allahabad HC corrected CBI mistake: Aarushi book author

    Avirook Sen, the author of the book based on the 2008 murder of Aarushi Talwar and domestic help Hemraj, welcomed the Allahabad High Court judgement acquitting her parents Rajesh and Nupur Talwar, saying the wrong done by the CBI has been corrected.

    Of his personal observation of Aarushi's parents, he said: "I remember the couple's life as a life mainly of pressure and sadness."

    "It's not the High Court's mandate to investigate and find out who the killers are. The court is charged with only one responsibility and that was on the evidence presented by CBI against the Talwars. They have answered the question that they were asked," he said.

    "To find out the killers is neither the responsibility of the journalists, nor the court... it is the responsibility of the CBI that they should do some reflection and try and understand why we couldn't put their cases properly," he added.

  • 18:34 (IST)

    Acquittal of Talwar's strengthened my faith in justice system: Filmamker Vishal Bhardwaj

    Filmmaker Vishal Bhardwaj, writer and co-producer of "Talvar" — a film on the 2008 Aarushi Talwar murder case — said he was relieved and overwhelmed that the teenaged girl's parents were acquitted in the case on Thursday.

    "Talvar" delved into the sensational killing of 14-year-old Aarushi and her family's 45-year-old servant Hemraj Banjade — a case in which Aarushi's parents were convicted in November 2013 and sentenced to life imprisonment.

    Bhardwaj said in a statement: "We were questioned by a lot of people when we made 'Talvar' even though we didn't take any sides in presenting the story and maintained as neutral a viewpoint as possible. I am overwhelmed and relieved to hear of the Talwars' acquittal and this strengthens my faith in the Indian judicial system." 


    "However, it still pains me when I think about the precious years lost in prison and the emotional trauma that the parents had to go through, so much so that they couldn't even mourn their own daughter's demise."

  • How a contradicting CBI and an overlooking trial court caused travesty of justice

    Since that fateful morning of 16 May 2008, when Aarushi and Hemraj were found dead in a Noida apartment, there have been numerous flip-flops, leading to an ever-changing cast of suspects, accused, guilty and, finally, a string of acquittals — starting with Rajesh Talwars assistant Krishna and two domestic helps — Rajkumar and Vijay — and ending with the parents.

    The denouement of the case is absolutely shocking. In spite of throwing the best agencies and investigators into the case, a murder that happened in an apartment — not, mind you, in some remote corner of India — in the National Capital Region has not been cracked. This when the number of suspects, the possible permutations and combinations, and the motive could have been limited.

    Read the full article here

  • 18:27 (IST)

    Rajesh and Nupur Talwar to walk out of jail by tomorrow afternoon: CNN-News18

  • 17:55 (IST)

    Aarushi Verdict an eye-opener on why India's criminal justice system needs an urgent overhaul

    The case previously saw three full investigations. One was by the Uttar Pradesh Police and the other two by the CBI. Only the second investigation exonerated the couple and the rest two charged them with double murder. It was indeed strange that the third investigation, which was the second one by CBI had charged the Talwar duo for the double murder when it was only them who had opposed the filing of the closure report by the same agency. 

    The criminal justice system of India is an accused-centred process and not a victim-centred one. This means that the focus of the judicial process is only the determination of the guilt of the accused and not finding the actual perpetrator of the criminal act. This means that after this verdict, unless and until there is again a fresh investigation, the murderer of Aarushi and Hemraj will remain unknown.

    Read the full article here

  • 17:46 (IST)

    Allahabad HC said outsider angle can't be ruled out: Tanveer Mir, defence lawyer

    Tanveer Mir, speaking to CNN-News 18, said that the court found that the evidence provided by the CBI itself could not conclusively rule out the possibility that no outsider could have entered the house. 

  • 17:41 (IST)

    Former CBI investigator associated with case had said Talwars are innocent

     

  • 17:41 (IST)

    Talwars never got the chance to properly grieve their daughter: Defence lawyer

  • 17:32 (IST)

    Aarushi's parents still anxious to know who killed their daughter: Defence lawyer

  • 17:31 (IST)

    Both HC judges wrote separate judgments pronouncing Talwars not quilty

  • 17:26 (IST)

    Former CBI investigator associated with case said Talwars are innocent

    Arun Kumar, a 1985 batch IPS officer who led the investigation for some time, after it was handed over to the agency believed that Rajesh and Nupur Talwar were innocent. 

    "We concluded that since it was impossible for awake and alert officers to hear sounds from Aarushi’s room, it would have been impossible for the Talwars to hear anything that night. Then the narco tests also proved they showed no deception. So there was no evidence to incriminate them," Kumar told The Quint in an interview. 

    However, those who succeded him believe that his investigation was riddled with loopholes. 

  • 17:20 (IST)

    Police investigation revealed that domestic staff of Talwars showed 'undue haste' in cleaning up the crime scene

    The body of Aarushi was brought back to the residence of Dr Rajesh Talwar by aroudn 7.30pm. After keeping the body there for about half an hour, the body was taken to the cremation ground in Noida where the last rites of Aarushi were carried out. As sson as the body of Aarushi was taken for cremation, the staff of Dr. Rajesh Talwar and Dr. Nupur Talwar showed undue haste in thoroughly cleaning the floor and walls of Aarushi's room with soap and water. The blood stained mattress on the bed of Aarushi and other blood stained articles were carried by them to the terrace. On finding the terrace door locked, they asked for the key of the terrace door of the adjacent flat belonging to Shri Puneesh Tandon. The blood stained mattress etc. were thrown on the terrace of Shri Puneesh Tandon and the terrace door was locked.

    Read the full text of CBI closure report on Aarushi Talwar murder case

  • 17:14 (IST)

    Rajesh and Nupur Talwar 'happy' after acquittal: Dasna Jailer

    Rajesh and Nupur Talwar are happy, and said that they have got justice, DR Maurya, jailor, Dasna Jail was quoted as saying by ANI. 

  • 17:12 (IST)

    CBI likely to move SC against Rajesh and Nupur Talwar's acquittal 

  • 17:08 (IST)

    CBI likely to challenge Talwars' acquittal in SC

    According to CNN-News 18, CBI sources have said that the investigation team is already considering moving the Supreme Court against the acquittal of Rajesh and Nupur Talwar. The sources said that the same set of evidence has elicited varying reactions from the judiciary. The trial court had earlier found Aarushi's parents guilty of the dual murder and of trying to destroy crucial evidence in the case. 

  • 17:03 (IST)

    "At this age it was very trying for me to see my daughter and son-in-law being lodged in jail for a crime they did not commit. I am hugely relieved that this has come to an end," Aarushi's grandfather.

  • 16:56 (IST)

    CBI could not even prove Rajesh, Nupur Talwar's presence in Aarusihi's room: Avirook Sen 

    Speaking to CNN-News 18, Avirook Sen, author of the book Aarushi said that the investigation on the case was botched up. He said that no fresh evidence can be collected in the case and the existing evidence could not even prove Rajesh and Nupur Talwar's presence in Aarushi's room.  

  • 16:41 (IST)

    Thankful to the court for ending this injustice: Vandana Talwar

    ​

    Vandana Talwar, Aarushi's aunt, said that the family was exhausted after the 9-year-long trying journey and the high court judgment is a welcome relief. 

    "I am absolutely thankful to the high court for bringing an end to the injustice that was meted out to Rajesh and Nupur," she said. 

  • 16:36 (IST)

    "We are deeply relieved and grateful to the god. It's been an exhausting journey in the last 10 years and I am absolutely thankful to the high court for bringing an end to the injustice that was meted out to Rajesh and Nupur. 

    I would also like to express my heartfelt gratitude to the people who supported us through this time." Vandana Talwar, Aarushi's Aunt

  • 16:25 (IST)

    CBI failed to prove beyond doubt that Talwars are guilty: Allahabad HC

    Allahabad High Court has observed in its judgment that the circumstantial evidence provided by the CBI is insufficient to convince the court that the Talwars were indeed guilty. The court also said that the basic legal tenets state that an accused is innocent until proven guilty. The court's order also negates CBI courts observation that since Talwars were the only people present in the house at the time of the murder, the burden of furnishing satisfactory proof of their innocence lied with them. 

  • 16:18 (IST)

    With Rajesh and Nupur Talwar's acquittal, Aarushi's murder case is back to square one

    As the Allahabad High Court held that the CBI investigation failed to prove, beyond reasonable doubt, that the Talwar couple was indeed guilty of killing their daughter, the question that who committed the sensational dual murder looms large. 

    So far, the CBI investigation has been based on the fact that the Talwars not only killed their daughter, but they also destroyed crucial evidence. The investigation agency will have to work again on a water-tight case against the murderer. 

  • 16:01 (IST)

    Innocent until proven guilty bedrock of law: Omar Abdullah welcomes Allahabad HC judgement

    ​

    Omar Abdullah hails Allahabad HC judgement stating that the mystery over Aarushi's murder may never be solved but it is important that justice is upheld. Omar, in a series of tweets, also criticised the police for making a "dog's breakfast of the investigation."

  • 15:53 (IST)

    Nupur and Rajesh Talwar to be released from jail tomorrow: Lawyer

  • CBI to go to Supreme Court only after consulting top officials

    The CBI lawyer Anurag Khanna said that the CBI would go to the Supreme Court only after consulting with its top officials.

    The defence counsel Tanveer Ahmed Mir said that the release will take a little time as the judgment needs to be released and an order sent to the jail housing the Talwars. However, even if the CBI files an appeal before the Supreme Court, the Talwars will stay out of jail.

  • 15:15 (IST)

    The inevitable question of what happens next has arisen

    The question which now arises is whether the CBI will file an appeal against the judgment. An official statement is expected from the CBI shortly, according to CNN-News18.

  • Allahabad HC: CBI could not substantiate the assertions they made

    The judges said that the CBI could not substantiate evidence. The chain of evidence they have showcased is inconclusive. Therefore giving the benefit of doubt to the Talwars, the trial court judgment has been overruled.

  • 15:08 (IST)

    Aarushi grandfather grateful for judgment

    Aarushi's maternal grandfather says that he is grateful for the judgment and always knew that Rajesh and Nupur were innocent, reports CNN-News18. He does not want to comment on the other factors but simply wants to absorb the good news.

  • 15:04 (IST)

    Conviction can't stand on basis of mere suspicion

    The Allahabad High Court has said that there was no chain of evidence and we can't convict on the basis of mere suspicion, reports CNN-News18.

  • Allahabad High Court overturns trial court judgment

    The judges have overruled the judgment of the trial court. It has freed the Talwars, giving them the benefit of doubt in the case.

  • 14:50 (IST)

    Judgment signed, verdict expected any moment

    The copy of the judgment is being signed by the judges.The verdict will be pronounced any moment, reports News18.

  • Judges have entered the court, lawyer for Talwars talking to the judge

    The CBI counsel and the defence counsel are in attendance. Tafeeq Ahmad Mir, the lawyer for the Talwars is talking to the judge.

  • Lawyers feel judgment could be in favour of the Talwars

    The general mood inside the courtroom is that the verdict could be in favour of the Talwars. The lawyers who have been following the case feel that there are holes in the trial court's judgment which could cause the high court to overturn it.

  • 14:35 (IST)

    RECAP: Trial court had sentenced couple to life imprisonment

    The special CBI judge had sentenced the Talwars to rigourous imprisonment for life and fines:

    "The accused Dr. Rajesh Talwar and Dr. Nupur Talwar are convicted under sections 302 read with section 34 and section 201 read with section 34 I.P.C. Dr. Rajesh Talwar is also convicted under section 203 I.P.C. Both the accused are sentenced to rigoures 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 and to five years rigorous imprisonment under section 201 read with section 34 I.P.C. 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 I.P.C. 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 judgment is available here.

  • 14:30 (IST)

    Trial court order was criticised heavily

    The order of the Additional Sessions Judge was criticised heavily with even the Supreme Court noting: 

    "The order passed by the Magistrate on 9.2.2011 was startlingly criticised for being unnecessarily exhaustive. The Magistrate was accused of discussing the evidence in minute detail, and thereby, for having evaluated the merits of the controversy, well before the beginning of the trial. It was sought to be canvassed, that even if the Magistrate having taken cognizance, was satisfied that process deserved to be issued, he ought not have examined the factual intricacies of the controversy."

    The trial court order is available here.

  • 14:18 (IST)

    Rajesh Talwar has high blood pressure ahead of the verdict, reports IndiaTV

  • Separate appeals were clubbed together

    Rajesh and Nupur Talwar had filed separate appeals in the case which were clubbed together by the court, Talwars' lawyer Vikram Chauhan told Firstpost.

    The courtroom is completely full and there is barely space to stand inside.

  • 14:10 (IST)

    Judgment delayed to 2.45 pm

    The judgment which was earlier expected at 2.30 pm is now expected to be pronounced at 2.45 pm, reports Times Now.

  • 14:05 (IST)

    Judge arrives in the courtroom

    The judge has arrived in the courtroom to pronounce the judgment in the Aarushi murder case, reports CNN-News18. He is faced with a packed courtroom consisting of lawyers, documentary makers and the authors of books on the incident.

  • 14:01 (IST)

    RECAP: Talwars were against any book or movie on the murder

    While a movie and a book were released on the incident, the Talwars were against any such adaptation of the incident. Their lawyer had said in 2013 that the Talwars will "not allow" any film or book on the murder of their daughter Aarushi and anyone taking up such a venture without their consent would face legal action.

  • 13:56 (IST)

    The courtroom is completely packed as the verdict is awaited shortly

  • 13:49 (IST)

    Talwars to find out about verdict on TV

    Rajesh and Nupur Talwar will find out about the Allahabad High Court verdict from a TV placed in their barrack, sources in Dasna prison told CNN-News18. They did not have breakfast as they were anxious about the outcome of the case. Rajesh's brother visited the couple four days ago in the prison.

  • 13:36 (IST)

    Will approach Supreme Court in case of adverse decision, say Talwars' lawyers

    The Talwars came to the Allahabad High Court in appeal against the decision of the trial court in Ghaziabad which had sentenced the couple to life imprisonment.

    The arguments began in 2016 and continued till 2017. They concluded on 7 September when the court reserved judgment. This judgment will be pronounced today in the afternoon sitting of the court.

    Dhruv Gupta, one of the lawyers representing the Talwars spoke to Firstpost and said that should the court rule against the Talwars, it "goes without saying" that they would approach the Supreme Court.

  • 13:06 (IST)

    The investigation in the case was a subject of controversy

    In 2013, Firstpost carried a piece detailing the problems with the investigation:

    The UP police was criticised for not cordoning off the crime scene immediately. A forensic scientist later complained that when his team visited the house to capture the fingerprints, they found many people, including the media, freely roaming around the apartment, contaminating the crime scene. According to the CBI team, 90 percent of the evidence at the crime scene had been destroyed due to the police's negligence.

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The Allahabad High Court is likely to deliver its judgment on an appeal challenging the verdict of a CBI court which found Rajesh and Nupur Talwar guilty for the murder of their daughter Aarushi and domestic help Hemraj in 2008. A division bench of the high court comprising justices BK Narayana and AK Mishra had reserved the judgment on 7 September on the appeal filed by the dentist couple, fixing 12 October as the date for the verdict.

File image of Nupur and Rajesh Talwar. Image courtesy: News18

File image of Nupur and Rajesh Talwar. Image courtesy: News18

They are currently serving their sentence in Ghaziabad's Dasna jail. Fourteen-year-old Aarushi was found dead inside her room in the Talwars' Noida residence with her throat slit in May 2008. The needle of suspicion had initially moved towards 45-year-old Hemraj, who had gone missing, but his body was recovered from the terrace of the house two days later. As the Uttar Pradesh Police drew flak over the shoddy investigation into the case which was making national headlines, the then Chief Minister Mayawati handed over the probe to the Central Bureau of Investigation (CBI). Though a special CBI court in Ghaziabad in an 210-page exhaustive order had sentenced the couple with life imprisonment on 26 November 2013, a day after their conviction in the case, reports have claimed several discrepancies in the investigation that led to the couple's conviction in the case. In 2014, former CBI Director AP Singh had said there were "lacunae" in the probe carried out by the first CBI team under the then joint director Arun Kumar. Singh had said that Kumar was convinced that the parents of Aarushi were responsible for the double murder. In 2015, an hour-long video reportedly surfaced on YouTube which shows Krishna, Talwar's assistant, purportedly saying that Kumar asked him to own up the crime on the promise of getting his sentence reduced. Despite the conviction, the family members and friends of the Talwars continued to insist that the couple didn't commit the murder. In an open letter in 2015, Aarushi's grandfather had reportedly questioned the character assassination of Aarushi and her parents by the media and even the judgment that sent them to jail on a life term. The murder case also inspired a book and a film, both of which weighed in favour of the Talwars, thus giving rise to debate over the case. The Allahabad court's judgment is likely to bring fresh clarity on the case, and whether or not a grave injustice was done to the Talwars, as the couple's family and some legal experts have opined in the past. With inputs from PTI


Published Date: Oct 12, 2017 08:56 pm | Updated Date: Oct 12, 2017 09:58 pm


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