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Aarushi case: Few questions remain

New Delhi, Nov 27 (): Aarushi murder case verdict has thrown open many questions in the legal circles.

The CBI is a hero to those who are happy to see the elitist doctor couple go in for a lifer. The CBI court went by the circumstantial evidence as there is no eye witness nor murder weapon. The clincher was the maid’s version of what she saw in the morning after the murder of Aarushi. This statement was retracted by her as it was tutored by CBI. The court however decided to take it on record and Nupur Talwar also did not dispute it.

The foundation of the police investigation is that the murder was done after the parents found out the affair between Aarushi and servant Hemraj. CBI’s two teams did not have any witness that supported this theory. Neither the servants in the colony nor the girl’s friend know of this.

As used for the Khap Panchayat honour killings,UP Police IG took the easy way out saying it was yet another honour killing, even though he could not get the dead girl’s name right. The doctor couple said to be posh and influential according media reports were partying all the time and indulging in wife swapping.

The sleaze angle got bigger and the Court had to warn the media from going overboard. This posh swinger couple, instead of honour killing could get any of the thugs to bump off the Nepali servant and get the notorious UP cops to shove it under the carpet.

On the night when Rajesh Talwar found his daughter in a close position with Hemraj, he took his golf club and smashed the skull of Aarushi and Hemraj. Then he drank a bottle of Ballantine’s whisky, beer and polished off a bottle of Sula wine, and added Sprite to it (2 litre bottle was found) and in between he carried Hemraj body to the terrace and slit his vein (again an act that only doctors do, say CBI) and hid it under a window cooler.

The murder took place around 11 PM. Next day morning when the cops arrived Rajesh was sober as a cucumber. Even if one accepts that Rajesh is a cold-blooded killer, the Ballentine’s scotch bottle was sent for forensic examination. The forensic expert found five finger prints on the bottle, but none of them were that of the dentist couple.

Fingerprints were taken in Aarushi room but none of it had Hemraj’s on it and there was no trace of semen, no DNA or blood of the servant in the room. So the scotch-drinking killer story goes for a six.

Talwar’s counsel names 14 witnesses to depose but not allowed, while CBI has brought 39 witnesses. Talwar’s counsel has no access to narco-tests, forensic and post-mortem reports. The narco test on Hemraj friends in the locality showed them to be lying while the doctors came clean. A Touch DNA test request was made but CBI said it was too expensive and not needed.

The head injury showed that it was not golf club hit as it was only a line fracture. CBI latched on maid Bharti’s statement, who said that Nupur told her in the morning that Hemraj has gone outside to buy milk and might have locked the outer door from outside. Later, Nupur Talwar opened it from inside.

Nupur was not weeping and did not show signs of any remorse. Later, on questioning by defense lawyer made the maid say she was telling what the CBI had taught her. This was seen as a setback but the verdict says the maid’s testimony is taken into account and shows that it was a cold blooded murder. Hemraj’s room was adjoining to the main entrance of the flat, with one exit door opening into the flat which makes it accessible to the flat through his room.

The first team of the CBI headed by Anuj Arya found through evidence gathered from songs and the timing it was telecast on a Nepali channel. Arya pieced the crime to show that three domestic helps were in Hemraj’s room for the night. These friends came out as liars in the tests. They were taken in but came out on bail.

The Talwars who came to switch off the internet in Aarushi’s room saw their daughter with Hemraj is the story. Talwars say they do not off the router as in the night it goes in a blink. CBI could have got the router activity report from the service provider, but it did not.

The girl’s room has a lock like that in a hotel where one cannot open from outside and can be opened only from inside. The first CBI team recorded that Hemraj’s blood and DNA were seen on friend Krishna’s pillow.

The second team omitted it as a typographical error. The first team got from Krishna a khukri, a weapon used by the Gurkhas and this can cause blunt and sharp injury . This too was not seen in the second report.

Yet another damning circumstantial evidence is Rajesh filing a man missing complaint and sending Noida police to Nepal to get Hemraj. Rajesh did not give the keys to the terrace to the police in initial days but it did not occur to them to break open the lock.

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