Aarushi’s parents charged with double murder

Ghaziabad, February 9 (Agencies): Rajesh and Nupur Talwar were today made an accused in the murder of their teenage daughter Aarushi by a special CBI court which rejected the agency’s closure report in the over two-year-old double-murder case. Judge Preeti Singh took cognisance of the CBI’s closure report and issued summons to the parents to appear before her on February 28, making them accused on charges of murder, destruction of evidence, conspiracy and common intention to commit the crime.
The court rejected Rajesh Talwar’s petition against the CBI report and sought fresh investigations to nail the culprits. “The court has taken cognisance of offences under Section 302, 201 read with 34 IPC and summoned Dr Rajesh Talwar and Nupur Talwar as accused in the case for February 28,” CBI counsel R K Saini told reporters. The dentist couple have been made accused under Sections 302 (murder), 201 (destruction of evidence) and section 34 (acts done by several persons in furtherance of common intention) of the IPC. The CBI had yesterday said that circumstantial evidence points to the involvement of the couple in the death of their daughter and servant Hemraj.
“Our stand was that the probe of the investigating officer proves that no outsider was involved in these deaths. Servants are not involved in this and circumstantial evidence is saying that whatever has been done, the parents have done it,” Saini had said yesterday. Though the CBI had filed for closure, the court’s ruling has come as a relief to it because the agency has always maintained that they suspected the parents of committing the crime but could not prove it because of lack of evidence. The CBI had also said that a botched-up investigation by the Uttar Pradesh police left it no option but to file for closure. However, the lawyer for the Talwars, Rebecca John said they will approach a superior court for striking down this order. “You (an apparent reference to the media) create an atmosphere and this is what will happen,” she said in her reaction to the court order making the Talwar couple accused in the case.
“There is rule of law in the country. We propose to challenge the order in a superior court. This is not a final order. This is open to challenge. Our remedies are open,” she said. 14-year-old Aarushi was found murdered at her residence in Noida in 2008. The body of the family’s domestic help Hemraj was found on the terrace of the house a day later. Talwar’s counsel Satish Tamta had alleged that there were serious lapses in the probe conducted by the CBI. “In our argument we have tried to bring out there were certain infirmities in the investigation carried out which needed further clarification. And that the investigation just cannot stop at this stage and further scientific investigation has to be carried out so that proper result can be brought out,” he had said. Tamta also stressed on the need to conduct low count DNA procedure, which involves the testing of genetic material.
The parents of Aarushi in their petition to the court earlier had alleged that there were “deliberate lapses” in the investigation besides “noticeable non-mentioning of material pieces of evidence”. They had also pleaded that further investigation should be ordered into the case “so that the culprits involved in this heinous crime are apprehended, and investigated against and brought to trial.” In the petition, the Talwars had given the sequence of events on the night of May 15 when the teenager was murdered and during subsequent days as per their memory.
“The petitioner submits that the conclusions arrived at by the Central Bureau of Investigation on several material facts, issues and circumstances are manifestly erroneous and are based on presumptions, conjectures and surmises, not substantiated or supported by true and actual facts. “There are deliberate lapses noticed by the petitioner, besides noticeable omissions in mentioning material pieces of evidence collected during the investigation of the case, which had led to the filing of this petition,” the petition had said.

Friends react to CBI court’s order

New Delhi, February 9 (Agencies): Aarushi Talwar’s friends Wednesday reacted with support, shock, and a feeling of discontent to the special CBI court’s ruling ordering Rajesh and Nupur Talwar’s trial in their teenage daughter’s murder case. “I totally agree with the court’s verdict. How can the investigative agency decide to close a case and not accuse parents who were present in the same house on the night of the murder,” a classmate of Aarushi said.
“No parent can kill the child if you think of ideal conditions. But the society is not ideal anymore. There could be indirect involvement also,” he added. Aarushi, a Class 9 student of Delhi Public School, Noida, was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar Apartment in Noida on May 16, 2008. Their domestic help Hemraj was initially suspected for the killing, but his body was found on the flat’s terrace a day later.
“There was enough circumstantial evidence for the investigating agency to rule out the possibility of the involvement of parents. Some of us had been stressing on that point in the protest march also,” said another classmate on condition of anonymity. However, some expressed their anger against the ruling and asked why the case took so long in the court of law. “This is totally self-contradictory on the part of any prosecuting agency. First they did not have any evidence, and now they are ready to try the couple without any evidence,” said Namrata Verma (name changed), mother of another classmate of Aarushi who had studied with the girl for 10 years.
“They have been hounded for no reason. They are distraught and completely broke after their daughter’s loss,” added Verma, who knew the Talwars closely. A special Central Bureau of Investigation (CBI) court Wednesday ordered that Rajesh and Nupur Talwar be tried for the murder of their teenaged daughter Aarushi. The couple will also be prosecuted for destruction of evidence.

Aarushi murder case: A chronology of events

New Delhi, February 9 (Agencies):
Following is the chronology of the Aarushi murder case in which CBI filed a closure report and a court today made her parents – Rajesh and Nupur Talwar – as accused:-
May 16, 2008: Aarushi Talwar -- daughter of dentist couple Rajesh and Nupur -- found dead with her throat slit in the bedroom of her flat in Noida. Domestic help Hemraj (Nepalese national) suspected of murder.
May 17: Hemraj’s body found on the terrace of Talwar’s house.
May 18: Police say murders done with surgical precision, insider job suspected.
May 19: Talwar’s former Nepalese domestic help Vishnu Sharma named suspect.
May 21: Delhi Police joins murder probe.
May 22: Family under suspicion, honour killing angle probed, the police quiz Aarushi’s close friend whom she spoke to 688 times in the 45 days preceding her murder.
May 23: Aarushi’s father Rajesh Talwar arrested for the two murders.
June 1: CBI takes over the probe in the case.
June 13: Domestic help of Rajesh Talwar, Krishna, arrested by CBI.
June 20: Lie detection test of Rajesh Talwar conducted at CFSL, Delhi.
June 25: Second lie detection test conducted on Nupur Talwar. Her first lie detection test was found inconclusive.
June 26: CBI declares the case to be a “blind case”. Rajesh Talwar refused bail by the special magistrate in Ghaziabad.
July 3: Supreme Court rejects a public interest litigation (PIL) case which challenged the admi nistration of narco-analysis test on the accused in the case.
July 12: Rajesh Talwar freed on bail from Dasna Jail in Ghaziabad.
Jan 5, 2010: CBI moves court to conduct narco test on Talwar couple.
Dec 29: CBI submits closure report. Clean chit to servants but points fingers at parents.
Jan 25, 2011: Rajesh Talwar attacked in the Ghaziabad court premises
Feb 9: Court takes cognizance of CBI report. Charges Aarushi’s parents with murder and destruction of evidence.