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HindustanTimes Thu,31 Jul 2014

Talwars' conduct against human nature: judge

HT Correspondent, Hindustan Times  Ghaziabad, November 27, 2013
First Published: 00:53 IST(27/11/2013) | Last Updated: 12:19 IST(27/11/2013)

The judgment pronounced by Additional District Judge Shyam Lal was full of observations on the circumstantial case made out by the CBI against Rajesh and Nupur Talwar.

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On the night of murders, the dentist couple was last seen inside the flat with their daughter Aarushi and domestic help Hemraj. The next day, Aarushi and Hemraj were found murdered.

In his 208-page order, Justice Lal held both Rajesh and Nupur guilty of murder and destruction of evidence and sentenced them to rigorous life imprisonment.

The order was based on the fact that the parents were the only ones present inside the flat apart from the victims and that there was no possibility that the murders were the handiwork of any outsider(s).

“The accused persons have nowhere taken a plea that someone had come to meet them or their servant Hemraj after 9.30pm on May 15, 2008,” Lal observed in his order.

The judge commented on the key to Aarushi’s room, which had gone missing that night and was found the next day in the lobby of the house. The judge observed that “it is not possible that servant Hemraj was keeping the key of the door of Ms Aarushi’s bedroom as no parent would permit the servant to keep the key with him particularly in the night hours when a young girl is inside her bed room (sic).”

Read: Sudden provocation made Rajesh kill Aarushi Talwar, Hemraj

The CBI had also contended that the clothes worn by the Talwars only had a few blood stains and looked fresh. Some of the prosecution witnesses had also given similar statements when they visited Talwars’ flat after Aarushi’s murder was discovered.

“It is against the order of human nature that on seeing their dearest daughter lying in a pool of blood, the accused being the natural father and mother will not hug her. In the process of hugging, their clothes will be deeply stained with blood but not found so,” Lal remarked.

In his order, the judge also stated, “The inmates of the house cannot get away by simply keeping quiet and offering no explanation in the supposed premise that the burden to establish its case lies entirely upon the prosecution and there is no duty at all on the accused to offer explanation.”

Lal further said that the “death of both the deceased has taken place inside the flat of the accused persons and therefore, the mode and manner of committing the murder are within the special knowledge of the accused which they could not explain.”

As Rajesh and Nupur maintained that they slept through the night of murders, the judge observed: “It is also not possible that when the victims were attacked they would not have screeched or yelped. Had both the deceased been murdered by outsiders, then the screeches of the victims may have certainly awakened the accused even if they could be in deep slumber in the adjoining room and the air conditioner of their room was on. (sic)”

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Many legal experts point to contradictions in order, some say it’s for HC to decide

 A day after a Special CBI court sentenced dentist couple Rajesh and Nupur Talwar to life imprisonment for killing their only daughter Aarushi and domestic help Hemraj Banjade, many legal experts questioned the verdict, saying there were many contradictions in it.
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