HC ac­quits Tal­wars in Aarushi mur­der case

Business Standard - - FRONT PAGE - PRESS TRUST OF IN­DIA

The Al­la­habad High Court on Thurs­day ac­quit­ted Ra­jesh and Nupur Tal­war in the mur­der of their teenage daugh­ter Aarushi and their do­mes­tic help Hem­raj in 2008, say­ing they could not be held guilty on the ba­sis of the ev­i­dence on record. The ver­dict ends a nine-year or­deal of the par­ents, who were found guilty by a CBI court of mur­der­ing 14-year-old Aarushi.

The Al­la­habad High Court on Thurs­day ac­quit­ted Nupur and Ra­jesh Tal­war in the 2008 mur­ders of their teenage daugh­ter, Aarushi, and do­mes­tic help Hem­raj, say­ing that nei­ther the cir­cum­stances nor the ev­i­dence was enough to hold them guilty.

The 263-page ver­dict brings re­lief, at least for now, to the nine-year or­deal of the Noida cou­ple who were sen­tenced to life by a Ghazi­abad CBI court on Novem­ber 28, 2013, for the dou­ble mur­der.

“There is a strong pos­si­bil­ity that in­ci­dent was caused by some out­sider,” a bench com­pris­ing judges B K Narayana and A K Mishra said, up­hold­ing the Tal­wars’ ap­peal against the court ver­dict.

The Tal­wars, who are both den­tists, are ex­pect­ed­tobe freed on Fri­day from Ghazi­abad’s Dasna jail af­ter the com­ple­tion of pa­per­work. The CBI did not im­me­di­ately say if it would ap­peal against the high court judg­ment. It said it would study the or­der and de­cide the fu­ture course of ac­tion.

Pro­nounc­ing their ver­dict in a packed court­room, judges Narayana and Mishra said, “From the facts and ev­i­dence on record, we find nei­ther the cir­cum­stances nor ev­i­dence are con­sis­tent, and cir­cum­stances did not com­plete a chain show­ing in­volve­ment of ap­pel­lants in the in­ci­dent.” They said, “In case where two views are pos­si­ble, the view taken for con­vic­tion of ap­pel­lants may not be cor­rect. In the ab­sence of cir­cum­stan­tial ev­i­dence to com­plete the chain, it is a fit case where the ben­e­fit of doubt can be given to the ap­pel­lants.”

B G Chit­nis, Nupur Tal­war’s fa­ther, said, “I am grate­ful to the ju­di­ciary for the ver­dict.”

A for­mer group cap­tain in the In­dian Air Force, Chit­nis told re­porters in New Delhi, “They have re­ally suf­fered. They are emo­tion­ally drained. At my age, it was very try­ing to see my daugh­ter be­hind bars.”

Van­dana Tal­war, an aunt of Aarushi who was 14 when she was killed, said, “It’s been an ex­haust­ing jour­ney for us. We are re­ally grate­ful to the high court for hav­ing ac­quit­ted and end­ing the in­jus­tice meted out to them.”

The Tal­wars were ar­rested in May 2008. The CBI court con­victed them on Novem­ber 26, 2013. The high court had re­served its ver­dict on the ap­peals of the cou­ple on Septem­ber 7.

In his or­der, ad­di­tional ses­sions judge Shyam Lal had cited judg­ment soft he Supreme Court to say theme re fact that the pros­e­cu­tion had failed to“translate that men­tal dis­po­si­tion of the ac­cused into ev­i­dence does not mean that no such men­tal con­di­tion ex­isted in the mind of the as­sailant.” He said, “In a case of cir­cum­stan­tial ev­i­dence, mo­tive does not have ex­treme sig­nif­i­cance. In the ab­sence of mo­tive, the con­vic­tion based on cir­cum­stan­tialev­i­dence can in prin­ci­ple be made.”

Lawyer Re­becca John, who was part of Tal­wars’ le­gal team, said she was re­lieved by the judg­ment. She claimed the whole case was based on “in­nu­en­dos” and would “not have car­ried through”.

Dad­hi­ram Mau­rya, the jailor of the Dasna prison where the Tal­wars are lodged, said the cou­ple felt they have got jus­tice.

PTI FILE

The ver­dict brings re­lief to the nine-year or­deal of the par­ents ( pic­tured) whow­ere­foundguilty­byaCBI­courtof­mur­der­ingAarushi

Newspapers in English

Newspapers from India

© PressReader. All rights reserved.