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HindustanTimes Tue,23 Dec 2014

Judge relied on a number of apex court rulings to sentence Talwars

HT Correspondent, Hindustan Times  Ghaziabad, November 28, 2013
First Published: 01:39 IST(28/11/2013) | Last Updated: 01:40 IST(28/11/2013)

Special CBI judge Shyam Lal relied on a number of Supreme Court judgments while convicting and later sentencing Dr Rajesh and Nupur Talwar for the murders of their daughter Aarushi and domestic help Hemraj.

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During the case, the defence lawyers argued over improvements made by several important prosecution witnesses in the court and those given to previous investigators of the first CBI team.

In this context, the judge observed a apex court ruling and stated that “it was observed that there would hardly be a witness whose evidence does not contain some amount of exaggerations or embellishments”.

Also relying on the judgments of the apex court to buttress his conclusions, the judge said: “The inmates of the house get away by simply keeping quiet and offering no explanation on the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on an accused to offer any explanation.”

He further stated that “it is a matter of common knowledge that many a murder have been committed without any known or prominent motive. Mere fact that prosecution has 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”.

Quoting a recent judgment, Lal stated “… It has been observed that where chain of other circumstances is established beyond reasonable doubt that it is the accused and accused alone who committed the offence it cannot be held in absence of motive that accused has not committed the offence.”


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