Thursday, February 10, 2011

Nupur Talwar charged for first time, will seek anticipatory bail

GHAZIABAD: Summoning Nupur and Rajesh Talwar in the Aarushi-Hemraj double murder case, special CBI judge Preeti Singh on Wednesday observed, "There is enough evidence in the CBI report to prove that Aarushi's private parts were cleaned, the room was cleaned, no outsider could have gained entry into the house and that only the Talwars could have called the doctor conducting the postmortem." 

According to sources, the court relied on many points in the closure report like the internet router being switched off only around 3:30pm. "The surgical cuts on the neck of both victims were the work of professionally trained experts. They could only be the parents," the CBI had said. Rajesh Talwar's act of not identifying Hemraj's body also figures as circumstantial evidence in the CBI report. The court found all these points valid and accordingly passed the order. 

In doing so, it rejected Talwar's petition against the CBI report seeking fresh investigations to nail the real culprits. He had pointed a finger at the servants. Nupur Talwar, who has been vouching for her husband's innocence from day one, has been accused for the first time of murder and destroying evidence along with him. Rajesh was arrested by the Noida police in 2008 but given a clean chit by the CBI. 

The order paves the way for a trial in the case though the CBI had sought closure even after hinting at the involvement of the couple as accused. It had pleaded helplessness in pursuing the case any further for lack of proper evidence. 

The Talwars are expected to fight back. They had filed a point-by-point rebuttal of the CBI report. Among their main contentions were that CBI did not investigate the possibility of an intruder known to Hemraj, it ignored the results of the narco and brain-mapping tests conducted on Nupur and the servants, the blood samples found on a Scotch bottle were not sent for touch DNA test, the original autopsy report didn't mention any cleaning of private parts and that the 'surgical' marks on the neck of both victims could have been made by a khukri according to an expert panel of doctors. 

During the arguments on Tuesday, the CBI had said: "Our stand is that the probe by the investigating officer proves that no outsider was involved in this (Aarushi-Hemraj deaths). The servants are not involved in this and circumstantial evidence shows that the parents are behind the act.'' 

However, Talwar's lawyer Rebecca John said they were completely innocent and were likely to challenge the order. "There is no material against Rajesh and Nupur. We are waiting for a copy of the court's order after which we will decide our course of action," John said. She added they would seek anticipatory bail for Nupur Talwar. 

The parents will now be given copies of all annexures given by the agency along with the closure report. The annexures include statements by the witnesses and other documents that the CBI relied on during their probe.

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