Court flays trial judge in Aarushi mur­der case

Gulf News - - INDIA -

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 ba­sic tenets of law.

High court jus­tices B K Narayana and A K Mishra listed a litany of er­rors, mis­steps and fan­ci­ful de­duc­tions by Ad­di­tional Ses­sions Judge Shyam Lal in Ghaziabad (UP) while con­vict­ing den­tist cou­ple Nupur and Ra­jesh Tal­war for the dou­ble mur­ders of their daugh­ter Aarushi and do­mes­tic help Hem­raj in May 2008, sen­tenc­ing the Tal­wars to life im­pris­on­ment on Novem­ber 28, 2013.

“The trial Judge is sup­posed to be fair and trans­par­ent and should act as a man of or­di­nary pru­dence and he should not stretch his imag­i­na­tion to in­fin­ity ren­der­ing the whole ex­er­cise mock­ery of law,” the court said.

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.

Jus­tice Mishra said that “like a film direc­tor, the trial Judge has tried to thrust co­her­ence among facts.

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