Aarushi-Hemraj Murder-HC says trial judge acted like 'film director'

Suspicion, however grave it may be, can not take the place of proof.

Talwars lawyer Tanveer Ahmed Mir told news agency ANI that he will go to the Dasna jail around 3 pm to receive the couple. "Either the Allahabad High Court sends its order copy directly to jail authorities or it is sent through the CBI court concerned which awarded them life sentence", he said.

Besides, CBI also has to reckon with the fact that challenging Allahabad HC judgement in the Supreme Court is going to be a long drawn process, and that the exercise will see CBI, considering that there is no scope for fresh investigation, making the same arguments. However, the bench dismissed it by saying that, "There is evidence on record showing that the golf club, which was handed over by appellant Dr Rajesh Talwar, was neither properly sealed nor kept in Maalkhana and the same had been tampered with".

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We do not find any reasonable basis for holding that what had actually happened in the appellants' flat in the intervening night of 15th/16th May, 2008 was a fact within the special knowledge of the appellant and since the same was not a fact within their special knowledge Section 106 of the Indian Evidence Act could not be invoked against appellants for the goal of convicting them.on account of their failure to come up with any explanation for the circumstances under which the double murder were committed in their flat. "In our opinion, the circumstances are neither conclusive in nature nor they exclude any possible hypothesis except the one given by the prosecution", the court said. "ACQUITTED! Rajesh and Nupur Talwar not guilty of #Aarushi's murder". If Talwars didn't, then who killed Aarushi and Hemraj?

The Talwars, who have been describing their portrayal in the media as a witch-hunt, were accused of killing their daughter after they saw her in a compromising position with Hemraj.

CBI appeared to have taken the verdict of Allahabad HC in its stride and did not seem gung-ho on filing an appeal. It initially absolved the parents of conspiracy and murder but later held them responsible. The three were later freed after no evidence was found against them.

(Copyright © 2015. All Rights Reserved.)
 
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