Closure report converted into charge sheet
Converting the Central Bureau of Investigation's closure report in the sensational Aarushi-Hemraj murder case into a charge sheet, a designated court here on Wednesday summoned Aarushi's parents, Rajesh and Nupur Talwar, as accused in the case.
Taking cognizance of the charge sheet, Special Judicial Magistrate Preeti Singh directed that the couple appear before the court on February 28. The court rejected the CBI's plea for closure of the case and charged Dr. Talwar and his wife with offences under Section 302 (murder) and Section 201 (causing disappearance of evidence or giving false information to screen offender), read with Section 34 (common intention) of the Indian Penal Code.
It took note of the findings in the closure report that “a number of circumstances indicate involvement of the parents in the crime and the cover-up”.
The court rejected Dr. Talwar's petition seeking a direction to the CBI for further investigation. Except for their lawyer, neither the Talwars nor any of their relatives were present in the court.
Opposing the petition against the closure report, counsel for the CBI had said on Tuesday that though the findings pointed to involvement of the parents in the murders, the agency had expressed its helplessness in prosecuting them on grounds of “crucial and substantial” breaks in the chain of circumstances and insufficient evidence. Counsel for the Talwars said the couple would challenge Wednesday's court order.
According to the CBI, the findings went against Aarushi's parents as there was no possibility of involvement of an outsider in the crime; the scene of crime was heavily dressed up; and no evidence was found against the three servants previously arrested in the case.
Recording the instances of alleged dressing up of the crime scene, the report said Aarushi's body was covered with a white bed sheet; the bed linen was undisturbed; there was evidence of post-murder cleaning of her private parts; Hemraj's body was dragged to a corner of the terrace and covered with a panel of cooler; the door to the terrace was locked for the first time on the fateful night; there were bloodstains and drag marks on the staircase; and a scotch whiskey bottle with bloodstains of both victims was found on the dining table.
The report said surgical cuts on the necks of the victims were the handiwork of professionally trained experts. “The entire data on Aarushi's mobile phone was deleted. A normal criminal would have had no need to do so,” it said. Dr. Talwar tried to mislead the Noida Police by sending them in search of Hemraj, it alleged.
A missing golf stick, a suspected murder weapon, was found later by the Talwars, but they did not inform the authorities for almost a year. The golf stick, the CBI said, was found thoroughly cleaned. “The exact sequence of events between 12.08 a.m. and 6 a.m. on May 16, 2008, is not clear,” the report said.
Keywords: Aarushi murder case
Because of some stupid or corrupt investigating officers, the investigation targetted financially weak domestic helps.When they didn't get anything, they just closed the case. Thank god, judiciary woke up and charge sheeted Aarushi's parents (who are the prime suspects for everyone except investigating officers). Also court should ask earlier investigating officers, what made them not to go after Aarushi's parents.
It is time that the Supreme Court took notice of and banned trial by the media, especially by the electronic media with its wide reach, which anyone can see has the potential to vitiate the judicial processes including investigation. In the Arushi murder case and in cases pertaining to the various financial scams, the electronic media and a section of the print media are acting not only as investigators, but also as prosecutors and judges. Sub judice restraints have become meaningless.
The only party cares for justice for Arusi seems to be judiciary. The Talwars are most smart, and well connected people. and are very much suspect. If not murder, at least they should be punished for their proven crime of cleaning up the evidence and atempt to mislead police and cover up.
In my opinion- The Talwars murdered their daughter with the help of their domestic help and later killed him as well to conceal evidences, again IMO..
That article mentioned by the commenter above is available to read on Open magazine here. Please read that article for a sane summary of the progress of this case. It is heartbreaking. http://www.openthemagazine.com/article/nation/worse-than-a-daughter-s-death
It gives some confidence on the part of judiciary for taking cognizance of the closure report filed by the premier investigating agency i.e. CBI for conducting a fair trial. I appriciate the application of mind by the judiciary.
Honour killings are not new to north Indians! as far as police bungling is concerned that any ordinary moneyed person can cheaply buy. Who does not know how often actual killing owner-drivers of vehicles manage to change roles by presenting hired drivers in road accident cases?
The unfortunate victim in the Aarushi murder case is no one but the TRUTH. We are disgusted with the ad nauseum ad infinitum cock and bull stories by various agencies like the local police, the parents of Aarushi, the CBI, the sensational Media, etc. But, no one is able to provide a convincing resolution to the mystery that as to how the girl was murdered. Curiously, the mystery is likely to remain so as the CBI has filed application seeking closure of the investigations after its failure to offer a credible denouement. The investigation will remain a blot in the annals of history of the Investigating Agencies of India as well as a blot for the tardy Indian Investigation.
Patrick French has written very well on this subject in his 'India: A Portrait'. From what he has written, Aarushi's parents are victims of trial by media and later, a trial by innuendo by the CBI and local police. One wonders how much more they have to suffer before getting justice. Tehelka has a detailed article on the subject as well, endorsing Mr French's view.
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