Tal­wars: We have re­ceived jus­tice

Deccan Chronicle - - NATION - DC COR­RE­SPON­DENT WITH BUREAU IN­PUTS

Nine years after be­ing ac­cused of and charged with mur­der­ing their teenaged daugh­ter Aarushi and ser­vant Hem­raj, dentist cou­ple Ra­jesh and Nupur Tal­war were ac­quit­ted by the Al­la­habad high court on Thursday.

Jailor Dad­hi­ram Mau­rya told the me­dia that Nupur Tal­war, who was watch­ing the pro­ceed­ings on TV while be­ing lodged in the jail along with her hus­band Ra­jesh, broke down and said that they had fi­nally “got jus­tice”.

The high court gave the cou­ple the ben­e­fit of the doubt and quashed their life sen­tence. A di­vi­sion bench com­pris­ing Jus­tices B.K. Narayana and A.K. Misra up­held the Tal­wars’ ap­peal against the CBI court or­der sen­tenc­ing them to life im­pris­on­ment on Novem­ber 26, 2013.

The judges ob­served the cir­cum­stan­tial ev­i­dence against them was in­ad­e­quate, and that the CBI had failed to fill in the gaps in the ev­i­dence.

Aarushi Tal­war, 14, was found mur­dered in her room in Noida on May 16, 2008 and the miss­ing ser­vant Hem­raj, 45, was ini­tially sus­pected of be­ing the killer. How­ever, a day later Hem­raj’s body was found on the ter­race of the house in which the Tal­war fam­ily lived.

As the Al­la­habad high court quashed the life sen­tence of the Tal­wars, the CBI's lawyers said they would study the high court’s judg­ment and then de­cide whether it should be chal­lenged in the Supreme Court or not.

It may be re­called that dur­ing the trial, the Tal­wars had raised ob­jec­tions over how the CBI had put to­gether facts to build the so-called cir­cum­stan­tial ev­i­dence. In­ci­den­tally, nei­ther of the ac­cused had con­fessed to the mur­der, and the mur­der weapon, al­legedly a golf club with their fin­ger­prints on it, was never found.

Though the pros­e­cu­tion had es­tab­lished that the Tal­wars were present at the house dur­ing the mur­der, it failed to es­tab­lish that the ac­cused had in any way com­mit­ted the crime. On the ba­sis of cir­cum­stan­tial ev­i­dence, the CBI had ar­gued that Aarushi was killed al­legedly by Ra­jesh Tal­war after he found her in a “com­pro­mis­ing po­si­tion” with Hem­raj.

The CBI also went on to ac­cuse the dentist cou­ple of tam­per­ing with ev­i­dence, but again could not come up with any clear ev­i­dence con­nect­ing them to the mur­ders. Fol­low­ing its fail­ure to prove be­yond rea­son­able doubt that the Tal­wars were in­volved in the dou­ble mur­der, the CBI filed a clo­sure re­port in De­cem­ber 2010.

THOUGH the pros­e­cu­tion had es­tab­lished that the Tal­wars were present in the house dur­ing the mur­der, it failed to es­tab­lish that the ac­cused had in any way com­mit­ted the crime.

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