Aarushi murder case LIVE: Rajesh, Nupur Talwar to be given additional security till they reach home

No clarity yet on whether Talwars would wish to take the trial to Supreme Court

Talwars to be given additional security till they reach home

Formalities in court over, focus on Dasna Jail

The CBI court in Ghaziabad issued the order after lawyer Satyaketu Singh submitted the certified copy of the Allahabad High Court judgment to CBI judge Rajesh Chaudhary. 

The documents were verified by the court and the release order was issued at 3.30 pm. -IANS

'We submitted copy of acquittal in court and presented witnesses'

It will take 45 minutes to one hour for formalities to be completed after release of order, says Talwar lawyer

Formalities of release process started; Talwars likely to walk free by 6 pm

Talwar couple's release order issued at Ghaziabad court

Why was the Talwar couple's release delayed?

The delay in the Talwar couple's release, even after their acquittal, was attributed to court holidays and the fact that the certified copy of the Allahabad High Court order acquitting them failed to reach the prison authorities on Friday. 

The jail authorities can only release a person after they receive the certified copy of the court's order directing their release. The copy of the judgement is usually sent by post to the prison authorities, or the person's lawyer can submit it in person.

Rajesh, Nupur to go to Nupur's father's home after release

Rajesh and Nupur Talwar are likely to go to Nupur's father's home in Noida's Jalvay Vihar, the complex they lived in when their daughter Aarush was murdered, after their release from Dasna jail on Monday. 

B G Chitnis, Nupur's father and a former group captain in the Indian Air Force, owns a flat in the same society. "After their release from jail, Rajesh and Nupur Talwa will go to Noida Sector 25 Jalvayu Vihar where the house is owned by me," Chitnis. PTI

Want a life away from media attention: Nupur Talwar's father BG Chitnis

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CBI skipped 'crucial test' because it was 'expensive'

According to a report in Deccan Chronicle, CBI, which was flayed by the Allahabad High Court for 'misreably failing' to prove that the Talwars had destroyed material evidence, did not undertake a crucial forensic test despite the fact that the crime scene was contaminated badly. 

The premium investigation agency, reportedly cited the unusualy high cost as the reason behind its decision to skip the Touch-DNA test, for which samples had to be sent to UK. 

Police to escort Talwar couple home due to security concerns

Talwar couple to visit Sai temple after release

According to CNN-News18, Rajesh and Nupur Talwar will visit the Shirdi Sai temple in Noida Sector 16, soon after their release. 

Talwars' to continue to visit prison for treatment of inmates

The dentist couple had helped revive the near "defunct" dental department at the prison hospital and they will continue to visit the prison every 15 days to help with the treatment of inmates, a jail official said

Tyagi said besides prisoners, Rajesh and Nupur Talwar have also been treating jail staff, police officials and their children. Sources in the jail said Rajesh Talwar's brother Dinesh Talwar, who is an ophthalmologist, would also visit the prison every 15 days along with his team to see patients.

'Talwars could have earned 49,000 in jail for treating inmates': Dasna jail authorities laud dentist couple for free service

Talwar family to visit Dasna prison to welcome Rajesh, Nupur 

Nupur Talwar's father and some other members of the family are likely to visit the Dasna prison today ahead of the dentist couple's release today. The family will leave for Ghaziabad court around noon from their Noida residence. 

Nupur and Rajesh Talwar to be released today

A certified copy of the Allahabad High Court verdict was handed over to the Talwars' lawyers late in Friday evening, which will today be submitted in the Ghaziabad CBI court, which will direct jail authorities to begin formalities for Rajesh and Nupur Talwar's release. The Talwar couple is likely to be released later in the afernoon. 

Allahabad HC points to possibility of evidence tampering 

The judgment also notes that the investigating agency tampered with the evidence during the course of the investigation . The State claimed that a golf club was used to effect the murder, but the golf club was not kept properly during the course of the investigation and the court explicitly records that it was tampered with.

Now, why did the agency leave the heads of the golf clubs uncovered? The DNA evidence (if any) would have been on the head of the golf club, but the agency failed to preserve the evidence resulting in the evidence being tampered with. There is a rule in Indian Law called the best evidence rule. What it means is if one is leading evidence about something, it must be the best available evidence that they can lead. But in this case, by failing to preserve the evidence, the agency failed to ensure that the best evidence was available. This put the entire DNA report in doubt. Though they also failed to establish the golf club was the weapon used to commit the crime.

'Graver the crime, greater should be the standard of proof'

The Allahabad High Court has said the circumstances of the Aarushi-Hemraj murder case on being collectively considered did not lead to the "irresistible conclusion" that Nupur and Rajesh Talwar alone were the perpetrators of crime in question.

In their 273-page verdict, Justices BK Narayana and AK Mishra said in view of the principles propounded by the Supreme Court they were adopting the view favourable to the Talwars.

They quoted an apex court ruling that underlined "graver the crime, greater should be the standard of proof".

- PTI

High Court rejects "typographical" labelling error in two pillow cases recovered

The Allahabad High Court refused to accept CBI's contention that the two pillowcases were wrongly labelled and the one found with Hemraj's blood did not belong to Krishna — one  of Hemraj's Nepalese friends in the house on the night of the murder, reported CNN-News18. 

Allahabad HC chastises trial court judge for telling 'different story' with 'vitriolic' reasoning

Allowing the appeals of the Talwars against the CBI court order, Justices BK Narayana and AK Mishra of the Allahabad High Court on Thursday acquitted the couple, saying that neither the circumstances nor the evidence was enough to hold them guilty.

In "absolute agreement" with Justice Narayana in giving the Talwars the benefit of doubt, Justice Mishra said, "The learned trial Judge has prejudged things in his own fashion, drawn conclusion by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different story propelled by vitriolic reasoning."

"Thus, basing the finding of conviction without caring to see that it being a case based on circumstantial evidence things cannot be presumed and stuffed in a manner like the present one by adhering to self-created postulates then to roam inside the circle with all fanciful whim," he said.

Talwars likely to be released on Monday, not today

Mediapersons wait for Nupur and Rajesh Talwar outside Dasna prison

A large crowd of mediapersons camped outside Dasna Jail from early morning Friday, keeping a close watch on every movement in and out of the high-security prison that had housed Rajesh and Nupur Talwar for four years. The crowds, including curious onlookers, grew as the day progressed, everybody waiting for the Talwars to walk out of jail and back into the unrelenting media spotlight.

As the sensational murder case, which continues to remain a mystery, dominated television news and newspaper headlines once again, the media descended outside the jail hoping to capture every moment of their release – and any bits of information about their life inside jail.

After the release Talwars might live in Nupur Talwar's father's house

The guards at the Jalvayu Vihar society told reporters that after being released from Dasna jail, the Talwars might live in the house of Nupur Talwar's father, who
lived a few blocks away in Sector 25, as tenants were currently living in their apartment.

Before their arrest, the couple was living in Hauz Khas.

The Talwars don't live at their flat anymore

Another family now lives at L-32 Jalvayu Vihar in Noida where 14-year-old Aarushi Talwar was found dead. Since Thursday, the family has been dodging reporters and the media spotlight that has returned to the flat after Rajesh and Nupur Talwar were acquitted.

Persistent reporters assembled outside the house from 7 am just in case the Talwars returned to their home after their release from Dasna jail in Ghaziabad. Scribes intermittently pressed the buzzer seeking permission to shoot the inside the house but the door remained steadfastly shut. - PTI

Allahabad HC order copy to be sent via fax to Dasna jail

The copy of the Allahabad High Court order will be sent via fax to Dasna Jail, said the Talwars' lawyer.

The world inside jail is less judgemental: Nupur Talwar

RECAP: Nupur Talwar wanted an NGO in Aarushi's name

Should botched investigations be criminalised?

Crucial evidence was lost due to the shoddy probes conducted by various authorities investigating the Aarushi Talwar murder case.

Experts are divided on whether shoddy or botched investigations should be criminalised and invite punishment.

No evidence to show sexual act between Aarushi and Hemraj: Allahabad HC

CNN-News18 reports that the Allahabad High Court has trashed the CBI claim that there was an affair between Aarushi and Hemraj. "(There is) no evidence to show sexual act between Aarushi and Hemraj," the news channel quoted the court as saying. " (It is) crystal clear that CBI could not prove motive in the case," the court further said.

The Allahabad High Court in its judgment has also hit out at the trial judge who had given the earlier verdict in this case. "The trial judge is unmindful of the basic tenets of law," CNN-News18 quoted the high court as saying. "The judge adopted a partial and parochial approach to vent his own beliefs," the court said, adding that the trial judge acted with "extra zeal and enthusiasm" and "gave shape to imagination stripped of facts".

CBI's shoddy probe exposed

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. 

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. 

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. 

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

'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

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.

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.

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

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.

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. 

Former CBI investigator associated with case had said Talwars are innocent

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

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

Both HC judges wrote separate judgments pronouncing Talwars not quilty

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. 

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.

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. 

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

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. 

"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.

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.  

Thankful to the court for ending this injustice: Vandana Talwar

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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. 

"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

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. 

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. 

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

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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."

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.

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.

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.

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.

Verdict expected after 2.30 pm today

The verdict is expected only after 2.30 pm when the court sits for its afternoon session, reports Sharma from the Allahabad High Court.

The order was reserved by a division bench of the high court comprising justices BK Narayana and AK Mishra on 7 September on the appeal filed by the dentist couple, fixing 12 October as the date for the verdict.

An infographic detailing the sequence of events in the case

Here is a timeline of the Aarushi murder case: