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Aarushi Murder Case: CBI Tampered Evidences And Tutored Witnesses, Says Allahabad Court

AASTHA SINGAL | 0
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| October 14 , 2017 , 12:31 IST

Aarushi's parents, dentist couple Rajesh and Nupur Talwar who were accused in the sensational double murder case of their daughter and domestic help Hemraj were finally acquitted in the murder case by the Allahabad High Court on Thursday.

During the hearing, the Allahabad High Court raised some grave questions on the investigation on CBI based on which the Talwar couple was sentenced to life imprisonment in November 2013. The court accused the Investigation team of tampering with evidence, tutoring and planting witnesses.

While giving details of the falsified pieces of evidence by the CBI, Allahabad High Court talked about the "subjective findings" by medical and forensic experts to "deliberate concealment" of evidence.

In the 273-page judgment, Allahabad High Court division bench comprising Justices Bala Krishna Narain and Arvind Kumar Mishra not just ruled out the previous judgement against Talwars but also slammed the CBI special court judge Shyam Lal for convicting the Talwars based on the false evidence.

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The judges were mortified with the controversial theory of "sexual intercourse" between Aarushi and Hemraj established by the CBI team and rubbished the entire investigation by the CBI since 2008.

While mentioning about a string of possibilities, the court pointed that the presence of an outsider in Talwar's residence on the night of the crime "cannot be ruled out."

"Certainly two views are possible; one pointing to the guilt of the appellants; and the other to their innocence and in view of the principles expounded by the apex court, we propose to adopt the view which is favourable to the appellants," the judgment stated.

HC highlighted the "typographical error" in the forensic report which linked Hemraj's blood found on Krishna Thadarai's pillow to the murder mystery.

The judgement clarified that the report was "a piece of clinching evidence on record indicating that Krishna was present in the appellants' flat when Hemraj was murdered and it is on account of the aforesaid fact that Hemraj's blood got embossed on the hair of Krishna which in turn got embossed on his purple pillow cover which was admittedly seized from the Krishna's premises."

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It also marked the ""possibility of presence of other persons and outsiders besides Hemraj having accessed the apartment in the fateful night cannot be ruled out and the clear and credible evidence of alternative hypothesis available on record substantially demolishes the prosecution's theory that the crime was committed by the appellants alone as there was no proof of any outsiders having accessed into the apartment."

The investigation team has "failed to prove by any reliable or cogent evidence, the motive suggested by the prosecution for Talwars to commit the double murder, that is, the deceased being caught in the midst of a sexual act on a fateful night by Rajesh Talwar who suddenly got so gravely provoked that he committed their murder."

The court has held the three doctors - Sunil Dohre, Naresh Raj and M S Dahiya responsible for introducing the bizarre theory of sexual intercourse in the case without "iota of evidence".

The judgement also noted, "While examining the theory of alternative hypothesis of the double murder covenanted in the prosecution case itself, we have already held that there is sufficient evidence on record suggesting entry of outsiders into the flat... Moreover, during the course of the investigation, the CBI had arrested and interrogated Krishna Thadarai, Rajkumar and Vijay Mandal who had remained suspects of the double murder for a considerably long time during the investigation."

Based on the botched up forensic results and tampered evidence, the panel claimed that neither the evidence on record nor the circumstances proved their involvement in the murders of Aarushi and Hemraj.