New Delhi, October 13: The Allahabad High Court bench of Justices Bala Krishna Narain and Arvind Kumar Mishra on Thursday acquitted Rajesh Talwar and Nupur Talwar in the murder of their daughter Aarushi Talwar and domestic help Hemraj. In their 273-page judgement, they came out strongly against the trial court judge who had convicted the doctor couple in 2013 and had sentenced them to life imprisonment. (Reactions on Rajesh, Nupur acquittal)
In a strong-worded criticism of the trial judge’s 2013 order in the case, Justice AK Mishra has said that the trial judge took the circumstances and evidence for granted and solved the case like a puzzle. (Rajesh, Nupur Talwar to be released from Dasna Jail today)
“The point is that the learned trial Judge cannot act like a maths teacher who is solving a mathematical question by analogy after taking certain figure for granted. In all criminal trials, analogies must be drawn and confined within the domain and realm of the evidence, facts and circumstances on record and any analogy which brings facts, circumstances and evidence (270) so placed in certain domain outside the periphery of that domain then that would be a case of certain aberration deviating from the main path,” Justice Mishra said in his order. (Here’s the full text of the order)
He also added that the trial judge acted like a film director and “surprisingly assumed fictional animation of the incident.” “The learned trial Judge has aberrated and by dint of fallacious analogy and reasoning has surprisingly assumed fictional animation of the incident as to what actually took place inside and outside the Flat L 32 Jalvayu Vihar, and in what manner he has tried to give live and colourful description of the incident in question and the whole genesis of the offence was grounded on fact that both the deceased Hemraj and Arushi were seen by Dr. Rajesh Talwar in fla-grante and thereafter like a film Director, the trial Judge has tried to thrust coherence amongst facts inalienably scattered here and there but not giving any coherence to the idea as to what in fact happened,” Justice Mishra said.
He concludes by saying, “It appears that the trial Judge was unaware of the solemn duty cast by the law as the Judge and has dealt with the entire case in style – a finesse.”
Aarushi Talwar, the daughter of dentist couple Rajesh Talwar and Nupur Talwar, was found dead with her throat slit, inside the bedroom of her residence in Noida’s Jal Vayu Vihar in May 2008. The domestic help of Talwars, 45-year-old Hemraj, was initially suspected to be the one behind the crime after he went missing following Aarushi’s murder. However, two days later, his body was also recovered from the terrace of the house.
The case was initially probed by the Uttar Pradesh police and later, the investigation was handed over to the CBI. In 2013, a Ghaziabad court convicted the parents of Aarushi in the double murder case and sentenced them to life imprisonment.