On Tuesday, the special CBI court, even while summoning the Talwars, pulled up the CBI for not filing a chargesheet against the dentist couple in the murder of their teenage daughter Aarushi Talwar and their domestic help Hemraj Banjade. The court deemed the CBI's move of filing the closure report "highly disappointing". It also told the Central agency to go ahead and prosecute the dentist couple in the twin murders.
The special CBI Court held that "visible evidence" against the Talwars should not be ignored. Special Judicial Magistrate Preeti Singh relied on a number of statements of the witnesses and entries in the case diary to come to the conclusion that Rajesh and Nupur Talwar should be put on trial for the murder of their daughter and servant Hemraj more than two years ago.
Based on witnesses' statements and the case diary, the court observed that only four people were present inside the Talwars' house that night. Two of them, Aarushi and Hemraj, were later found murdered.
"There is no evidence in the case diary which suggests that there was a forced entry into the house or of the involvement of the servants," the order said
The order also stated that the roof door was never locked before May 15, 2008 and that blood-marks were cleaned from the stairs which led to the roof.
"Both the victims were cut by surgically-trained persons and had V-shaped injury marks which seemed from a Golf-sick as per the evidence available in the case-diary," the order said.
The court also ruled out the possibility of an outsider who could have arrived in presence of the couple, inside the house, and operated the internet and dragged Hemraj's body to the roof. Also, there were blood marks found only inside Aarushi's room and nowhere outside her room. "Culprits always want to run away after committing the crime, so that he is not caught," the order observed.
The order said that, prima facie, the circumstances indicated towards the parents trying to destroy the evidence by getting the wooden part of the wall, between their bedroom and Aarushi's room, painted.
The court also observed a SC ruling giving the Magistrate powers to take cognisance to believe that sufficient evidences are available to proceed further.