Hindustan Times (Delhi)

Talwars’ lawyers contested CBI’S ‘circumstan­tial’ proof

- Peeyush Khandelwal peeyush.khandelwal@hindustant­imes.com

GHAZIABAD: The team of lawyers representi­ng Talwars had fiercely contested the CBI’S ‘chain of circumstan­tial evidence’ on the basis of which the Ghaziabad court had convicted Rajesh Talwar and Nupur Talwar for the murders of their daughter Aarushi and domestic help Hemraj Banjade.

During the course of the trial at the Ghaziabad court, the CBI had built up its case on circumstan­tial evidence and had put forward a chain against the Talwars.

“During the course of trial at the Allahabad High Court, we had challenged various pieces of evidence put forward by the CBI to prove their circumstan­tial chain of evidence against the Talwars. We fiercely challenged the testimony of Bharti Mandal, the suspicious internet router activity and Aarushi’s post-mortem’s report as interprete­d by the pros- ecution,” said Dilip Kumar, a senior lawyer representi­ng Talwars at the high court.

Bharti, a 35-year-old uneducated maid, had joined Talwars’ residence only a week before the double murder and two of her CRPC 161 statements were recorded in June 2008.

In September 2012, during the course of trial at Ghaziabad, Bharti, apart from her statements before the court, had also said that, “Jo samjhaya gaya wahi bayan de rahi hu (I am telling whatever I was told).” Despite all this, she had denied that she was giving any wrong statements under pressure from the Central Bureau of Investigat­ion (CBI).

“Bharti was considered a reliable witness during the trial stage. We contended about the improvemen­ts in her statements and also that she was a tutored witness,” Kumar added. “We had challenged the CBI’S interpreta­tion of Aarushi’s post mortem report and told that the investigat­ion had glitches,” he added.

During the course of the trial, Dr Sunil Dohre, the doctor who conducted Aarushi’s post-mortem had mentioned ‘NAD’ (nothing abnormal detected) in internal and external examinatio­n.

Dohre’s testimony was crucial to the CBI’S case as they maintained that Aarushi’s body was cleaned after the murder.

The appellants’ lawyers challenged the debated ‘suspicious router activity’ theory, suggesting that the internet was in use and the Talwars were awake.

During the trial stage, the CBI had maintained that the internet router was finally switched off at 3.43am on the night of murders and again switched on at around 6am in the morning.

“We tried to demolish the router activity theory of the CBI and contended that no inference can be drawn and the piece of evidence cannot be relied upon against our clients” the lawyer added.

Justice delayed is NOT justice denied. Overwhelme­d and deeply relieved upon hearing the news of the acquittal. #Aarushiver­dict #Talwars

Don’t know who killed #Arushi & will probably never know but what I do know is the police made a total dogs breakfast of the investigat­ion.

ACQUITTED!!! Rajesh and Nupur Talwar not guilty of #Aarushi’s murder. Finally, justice prevails, nightmare ends. #Aarushiver­dict

Great news! The #Talwars acquitted.

Justice done. #Arushimurd­erCase

Talwars acquitted in the murder of their daughter Aarushi. Major miscarriag­e of justice overturned

God knew there was something wrong & he made a comeback to set the wrongs right. A new beginning of faith. #Aarushiver­dict #Talwarsacq­uitted

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