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Issue No.: 560 | February 2014
 

Arushi Case Judgement: How Fair?

Shweta Chaurasia, Durba Das
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Dentist couple Rajesh and Nupur Talwar were held guilty of killing their 14 years daughter Arushiand domestic helper Hemraj and delivered life imprisonment on 26th November 2013. It was a double murder which transfixed the country when it was committed five and a half years back in 2008. This had had bewilder and foxed the investigations and has been referred to as a case of honour killing.

Many also wonder how special CBI judge Shyamlal convicted Rajesh and Nupur Talwar for the murders of their daughter Aarushi and domestic help Hemraj in the absence of any eye-witnesses. The special judge based the couple’s conviction on twenty-six circumstantial mevidences that point to their guilt, saying that "Law gives direction to the court to presume the existence of any fact which it thinks likely to have happened. According to section 114 ‘The court may presume the existence of any fact which it thinks likely to have happened regarding the common course of natural events, through human conduct of public and private business….”.However, the court used section 106 to believe that when the accused does not throw any light upon facts within his knowledge the courtncan deduce an explanation to consider the accused guilty. If there were four people in the house and two of them were found dead and in the absence of any other evidence that suggested entry of any outsider, the court in this casedecided against the couple.

There were a number of faults in the probes conducted:
  1. It needs to be noted that the Noida Police did not cordon off the crime scene on the day ofthe crime which took place on the night of May 16-17th 2008.
  2. No Dog Squad was called when the bodies of Arushi and Hemraj were discovered on May 16-17th. 
  3. On May 16th policemen noticed that the lock on the terrace door had blood stains on it. For what of a key the door was not forced open. However, if the police had done so Hemraj’s body would have been discovered the same day. 
  4. On the terrace the water cooler panel which was used to hide the body of Hemraj was never seized for forensic examination. 
  5. AfterArushi’s body was taken for cremation the flat was washed and cleaned in the presence of police personnel. 
  6. For the site plan no draftsman was called to make a map drawn to scale to understand the actual happening of the event.
  7. The surgical scalpel of the Talwars was never recovered nor asked for by the investigating team.
  8. Three glasses found in Hemraj’s room with two liquor bottles, were not seized by Noida Police and finally, only four photographs of the crime scene on May 16th were produced in court.

Thus, there are many loopholes in accusing the Talwars and that justice may not have been done to the parents. However, the Talwars have decided to move the High Court at Allahabad and we hope to get to the bottom of the reality.


SHWETA CHAURASIA, M.A. History,
Durba Das T.Y.B.A. History,
ICLES Motilal Jhunjhunwala College
Vashi, Navi Mumbai


 
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