Talwars in jail, but questions remain
26 Nov 2013 5:36 AM IST
Will the ‘circumstantial evidences’ which were not even trusted by the CBI hold water in the higher courts – the Allahabad High Court and the Supreme Court in the double murder case. ‘There are several circumstantial evidences against them which prove beyond doubt that they are the culprits,’ said RK Saini, special prosecutor of the CBI. But he gave a rather diplomatic answer to the question - why had the CBI file a closure report but not a chargesheet? ‘Investigation takes many steps. There are many ups and downs but final report supercedes all,’ he replied.
‘As per my knowledge the verdict is not fair,’ said Satyaketu Singh, defence lawyer in his first reaction. He flayed the report pointing to several loopholes left by the ‘closure report’ submitted by CBI on 29 December 2010 which became the basis of the 212-day trial.
The first major loop hole is the motive and weapon of murder. The CBI has no proof to establish the illicit relationship of domestic servant Hemraj and teenager Aarushi Talwar. It has not submitted any DNA report to prove its claim – either semen, hair, or any mark on her body or her DNA on the body of Hemraj. The argument that she was found in a ‘compromising position’ with Hemraj is just a repetition of Noida police’s statement for which then IGP Meerut Gurudarshan Singh had received flack from women groups. The second major flaw in the CBI theory is the weapon of murder. Investigators first floated the surgical blade theory, then khukhri and finally the gold club. But the CBI sleuths could not establish the golf club as weapon of murder. ‘A full swing of the club is required to kill somebody in one go which is not possible in the small bedroom packed with cupboards and other items,’ said Singh.
The defence used golf club in the courtroom during hearing to show that a full swing of the club was not even possible in the court room. No blood spot was recovered from the club presented in court as evidence on which the CBI argued it was washed and hidden by Talwars. The blood sample matching report or DNA matching report was never presented in court to support the claim that blood found on Rajesh Talwar’s pillow was of Hemraj. The sleuths alleged he cleaned his blood soaked hands in the pillow.
The argument that Rajesh Talwar used internet on his computer on that fateful night from 3 to 6.01am is based on the premise that experts gave an opinion that it was in ‘off and on’ situation during the said period. However, defence argued that could have been due to frequent power cuts, connectivity problems, or device problem. The agency never took the pain to find out the web portals used in this duration or if any e-mail was sent to any person.
The defence also tore into the claims of then city magistrate Sanjay Singh who was residing in Greater Noida but claimed to have come for morning walk in the area - around 28 km from his residence.
‘As per my knowledge the verdict is not fair,’ said Satyaketu Singh, defence lawyer in his first reaction. He flayed the report pointing to several loopholes left by the ‘closure report’ submitted by CBI on 29 December 2010 which became the basis of the 212-day trial.
The first major loop hole is the motive and weapon of murder. The CBI has no proof to establish the illicit relationship of domestic servant Hemraj and teenager Aarushi Talwar. It has not submitted any DNA report to prove its claim – either semen, hair, or any mark on her body or her DNA on the body of Hemraj. The argument that she was found in a ‘compromising position’ with Hemraj is just a repetition of Noida police’s statement for which then IGP Meerut Gurudarshan Singh had received flack from women groups. The second major flaw in the CBI theory is the weapon of murder. Investigators first floated the surgical blade theory, then khukhri and finally the gold club. But the CBI sleuths could not establish the golf club as weapon of murder. ‘A full swing of the club is required to kill somebody in one go which is not possible in the small bedroom packed with cupboards and other items,’ said Singh.
The defence used golf club in the courtroom during hearing to show that a full swing of the club was not even possible in the court room. No blood spot was recovered from the club presented in court as evidence on which the CBI argued it was washed and hidden by Talwars. The blood sample matching report or DNA matching report was never presented in court to support the claim that blood found on Rajesh Talwar’s pillow was of Hemraj. The sleuths alleged he cleaned his blood soaked hands in the pillow.
The argument that Rajesh Talwar used internet on his computer on that fateful night from 3 to 6.01am is based on the premise that experts gave an opinion that it was in ‘off and on’ situation during the said period. However, defence argued that could have been due to frequent power cuts, connectivity problems, or device problem. The agency never took the pain to find out the web portals used in this duration or if any e-mail was sent to any person.
The defence also tore into the claims of then city magistrate Sanjay Singh who was residing in Greater Noida but claimed to have come for morning walk in the area - around 28 km from his residence.
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