New Delhi: The special Central Bureau of Investigation (CBI) court in Ghaziabad, which ordered on Wednesday that Rajesh and Nupur Talwar should be charged with murder and criminal conspiracy in the killing of their teenage daughter Aarushi and servant Hemraj, said in its order that the onus is on the parents to prove their innocence.
CNN-IBN has accessed the court order in the Aarushi-Hemraj double murder case in which judge Preeti Singh cited four witnesses, who suggested that evidence at the crime scene had been tampered with. The court has directed the CBI had enough circumstantial, if not direct evidence, to file a chargesheet in the case.
The first witness, a painter called Shauharat was called by Rajesh Talwar to paint the wall adjoining his and Aarushi's room. Dr Varshanya, a family friend, said blood marks seem to have been wiped at the approach of the terrace door while the third witness, Rohit Kocchar, was stopped by Rajesh Talwar from going to the terrace. A fourth witness, Sanjay Chauhan, said Aarushi's pyjamas were pulled below her waist.
Agreeing with the CBI's claim that servants and outsiders were not involved in killing Aarushi and Hemraj, the court directed the investigating agency to make Talwars an accused. The CBI court reinterpreted the investigating agency's closure report and added Nupur as a co-accused.
The order states that initial line investigation was about three possibilities of who could be involved in murder case: someone from outside was involved, domestic helps - Krishna, Rajkumar and Vijay Mondal, and the Talwar couple.
CBI closure report has ruled out the first and second possibility and thus held Talwars as the main accused.
The court also stated that the CBI had enough circumstantial, if not direct evidence, to file a chargesheet in the case. It was not expected that a premier investigation agency would investigate in this manner and file a closure report so soon, the court observed.
The court has also stated that since Talwars were the only people in the house, the onus of proving they are not guilty is on them.
"The court is correct in saying that the CBI should have collected more circumstantial evidence. Nupur Talwar should also have been arrested," the lawyer of domestics helps, Naresh Yadav, said.
Rajesh and Nupur have been charged under Sections 302 (murder), 201 (destruction of evidence) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code in the double murder case.
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