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Published On: Thu, Oct 12th, 2017

Arushi murder: Talwars Acquitted Of Daughter Aarushi’s Murder

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NBT-imageALLAHABAD : The Allahabad High Court on Thursday acquitted dentist couple Rajesh and Nupur Talwar and quashed their conviction in the murder of their teenage daughter Aarushi and domestic help Hemraj in Noida in 2008.
A verdict that ended a nine-year ordeal of the parents who were found guilty by a court in 2013.
A Division Bench, comprising Justices A.K. Mishra and B.K. Narayana, gave the benefit of doubt to the Talwars, saying they didn’t murder their child.Accepting the argument of counsel for the Talwars that the case against them was based entirely on circumstantial evidence and that they were innocent, the court said the CBI had failed to prove them guilty beyond doubt.

Aarushi Talwar, 14, was found dead with her throat slit in her bedroom in flat no. L-32 Jalvayu Vihar in Noida on the morning of May 16, 2008. The body of Hemraj, who was initially suspected of the murder, was found dead in a pool of blood on the terrace of the flat the following day. The terrace door was found locked from inside. The case was handed over to the CBI after the Noida police were criticised for a ”botched up” investigation leading to the ”loss of crucial forensic evidence.”

Justices B.K. Narayana and Arvind Kumar Mishra said in their judgment that the circumstantial evidence provided by the Central Bureau of Investigation (CBI) was insufficient to prove that the Talwars were guilty, giving the couple, serving life terms awarded by a special court, the benefit of doubt.

Stating that the basic legal tenet was that an accused is innocent until proven guilty, the judges said: “The CBI has not provided the court with evidence that proves beyond doubt that they were guilty. In such cases, even the Supreme Court, in the absence of proper facts and proof, doesn`t give such harsh punishments.
“The parents cannot be held guilty just because they were present in the house when the murder took place. They should get the benefit of doubt. They are being set free in this case.” The court order also negated the CBI court`s 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 lay with them.

According to Talwars’ lawyer Rebecca John -“I am happy that the Allahabad High Court has allowed the appeal filed by Nupur and Rajesh Talwar against their conviction and sentence. The case against them was untenable in fact and law, and their prosecution and subsequent conviction resulted in grave miscarriage of justice.”
Following the court order, Aarushi`s aunt Vandana Talwar said the 9-year journey since her niece`s death was a struggle. “It was emotionally draining… We are tired. We thank the court for correcting the injustice. The relief by the Allahabad High Court ended the injustice meted out to Rajesh and Nupur. We are happy we can now move forward. At this point, we want to thank all those who did not even know us but supported us – emotionally, physically. Some even supported us financially.”

The Talwars, who have been describing their portrayal in the media as a witch-hunt, were accused of killing their daughter after they saw her in a compromising position with Hemraj. The allegation was first made by Uttar Pradesh Police and later repeated by the CBI but there was no evidence to substantiate the premise

 

 

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