Tal­wars didn’t mur­der Arushi

Alive - - Letters -

Though Tal­war cou­ple after spend­ing nearly four years in jail got a huge re­lief when the di­vi­sion bench of Al­la­habad high court ac­quit­ted them due to lack of con­clu­sive ev­i­dence pre­sented by CBI, the mur­der mys­tery stays on due to shoddy in­ves­ti­ga­tion by UP Police fol­lowed by CBI fail­ing com­pre­hen­sively to get to the bot­tom of the case to­gether con­clu­sive ev­i­dence to ap­pre­hend the real cul­prits. Not­with­stand­ing the fact that CBI court in Ghazi­abad in 2013 con­victed the Tal­war cou­ple of dou­ble mur­der to life im­pris­on­ment by re­ly­ing only on cir­cum­stan­tial ev­i­dence thereby rais­ing doubts about the au­then­tic­ity of the in­ves­ti­ga­tion agency who failed com­pre­hen­sively on all fronts to plug sev­eral loop holes dur­ing probe. Even though the bru­tal in­juries on the body of young Arushi re­veal that mur­der has been car­ried out metic­u­lously that chain of events and ev­i­dence pre­sented by CBI could not be taken as con­clu­sive ev­i­dence on the ground that there was an el­e­ment of doubt in the ab­sence of clinch­ing ev­i­dence point­ing at Tal­war cou­ple. Due to this rea­son, Tal­wars were let off by the high court ap­ply­ing the golden rule and the car­di­nal prin­ci­ple in jus­tice un­der crim­i­nal law which clearly stip­u­lates that ben­e­fit of doubt would go to the ac­cused where there is only cir­cum­stan­tial ev­i­dence in the court, which was a ma­jor la­cuna in the en­tire in­ves­ti­ga­tion process. The lower court erred in its judg­ment by re­ly­ing on cir­cum­stan­tial ev­i­dence and awarded harsh­est pun­ish­ment of life im­pris­on­ment to the Tal­war cou­ple. In fact, the CBI re­ly­ing only on cir­cum­stan­tial ev­i­dence to in­dict Tal­war cou­ple was prima fa­cie wrong even after see­ing the scene of of­fence is badly tam­pered on day one by eras­ing all ev­i­dence by the mur­der­ers which leaves none in doubt that the as­sailants in­flicted se­vere in­juries with the sole in­ten­tion to kill her. In the fi­nal anal­y­sis, as Tal­wars walk free after their ac­quit­tal by the high court, the mys­tery hangs on as to who is the real mur­derer of 14-year old Arushi in 2008. It is time, the CBI pulls up its socks to­gether and con­duct thor­ough probe in all cases, other­wise the trust peo­ple re­posed in the premier in­ves­ti­ga­tion agency will get eroded.

— R. Srinivasan

Newspapers in English

Newspapers from India

© PressReader. All rights reserved.