The Asian Age

‘ Judge acted like filmmaker’

Trial court made mockery of law, says HC

- DINESH RAI

The Allahabad high court has lacerated the trial court judge in the Aarushi murder case, saying he acted like a film director to create a fictional scenario, used fallacious analogy and ignored the basic tenets of law.

High court Justices B. K. Narayana and A. K. Mishra listed a litany of errors, missteps and fanciful deductions by the trial judge while convicting dentist couple Nupur and Rajesh Talwar for the double murders of their daughter Aarushi and domestic help Hemraj in May 2008.

“The trial judge is supposed to be fair and transparen­t and should act as a man of ordinary prudence and he should not stretch Like a film director, the trial Judge has tried to thrust coherence amongst facts inalienabl­y scattered here and there but ( has) not giving any coherence to the idea as to what in fact happened

A. K. Mishra, his imaginatio­n to infinity rendering the whole exercise mockery of law,” the court said. Additional sessions judge Shyam Lal in Ghaziabad ( UP) had sentenced the Talwars to life imprisonme­nt on November 28, 2013 after finding them guilty on circumstan­tial evidence.

Justice Lal has “prejudged things in his own fashion, drawn conclusion by embarking on erroneous analogy conjecturi­ng to the brim on apparent facts telling a different story propelled by vitriolic reasoning,” the judges said in their order on Thursday to acquit the Talwars.

The court said the circumstan­tial evidence against the couple was insufficie­nt to hold them guilty, and that they should be given the benefit of doubt. A copy of the written judgement was uploaded on the court website on Friday.

Writing his own 10- page views in the 273- page judgment, Justice Mishra said that “like a film director, the trial Judge has tried to thrust coherence amongst facts inalienabl­y scattered here and there but ( has) not giving any coherence to the idea as to what in fact happened”.

He added that “by dint of fallacious analogy and reasoning” Justice Lal surprising­ly assumed “fictional animation” of what actually happened inside and outside the Talwars' Noida residence on May 15- 16, 2008, to provide “live and colourful descriptio­n of the incident”.

Aarushi, who would have turned 14 on May 24, 2008, was found dead in her room in the Talwar residence on May 16 morning by her parents. Her throat had been slit.

After a botched investigat­ion by the UP police, the CBI took over the case and arrested the parents on circumstan­tial evidence, which was used to convict them.

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