Moneycontrol
Oct 13, 2017 07:10 PM IST | Source: PTI

Aarushi murder: HC lashes trial judge for acting like 'film director' with fanciful imagination'

High court justices B K Narayana and A K Mishra listed a litany of errors, missteps and fanciful deductions by the trial judge while convicting dentist couple Nupur and Rajesh Talwar for the double murders of their daughter Aarushi and domestic help Hemraj in May 2008.

Aarushi murder: HC lashes trial judge for acting like 'film director' with fanciful imagination'

The Allahabad High Court has lacerated the trial court judge in the Aarushi murder case, saying he acted like a film director to create a fictional scenario, used fallacious analogy and ignored the basic tenets of law.

High court justices B K Narayana and A K Mishra listed a litany of errors, missteps and fanciful deductions by the trial judge while convicting dentist couple Nupur and Rajesh Talwar for the double murders of their daughter Aarushi and domestic help Hemraj in May 2008.

"The trial Judge is supposed to be fair and transparent and should act as a man of ordinary prudence and he should not stretch his imagination to infinity rendering the whole exercise mockery of the law," the court said.

Additional Sessions Judge Shyam Lal in Ghaziabad (UP) had sentenced the Talwars to life imprisonment on November 28, 2013, after finding them guilty on circumstantial evidence.

Lal has "prejudged things in his own fashion, drawn the conclusion by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different story propelled by vitriolic reasoning," the judges said in their order yesterday to acquit the Talwars.

The court said the circumstantial evidence against the couple was insufficient to hold them guilty, and that they should be given the benefit of doubt. A copy of the written judgement was uploaded on the court website on Friday.

Writing his own 10-page views in the 273-page judgement, Justice Mishra said that "like a film Director, the trial Judge has tried to thrust coherence amongst facts inalienably scattered here and there but (has) not giving any coherence to the idea as to what in fact happened".

He added that "by dint of fallacious analogy and reasoning" Lal surprisingly assumed "fictional animation" of what actually happened inside and outside the Talwars' Noida residence on May 15-16, 2008, to provide "live and colourful description of the incident".

Aarushi, who would have turned 14 on May 24, 2008, was found dead in her room in the Talwar residence on May 16 morning by her parents. Her throat had been slit.


Murder


Aarushi Talwar, daughter of dentist couple Rajesh and Nupur Talwar found dead with throat slit in bedroom at her Noida home.

2008-05-16

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Hemraj's murder


Body of Hemraj (Talwars' domestic help) found on the terrace.

2008-05-17

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Arrest


Rajesh arrested for double murder.

2008-05-23

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CBI takes charge


CBI takes over probe.

2008-05-31

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Arrest


CBI arrests Krishna, Rajesh's compounder. Later, Raj Kumar, domestic help of Talwars' neighbour also nabbed.

2008-06-13

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Rajesh set free


Rajesh set free by court after CBI fails to present evidence against him.

2008-07-11

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CBI closure report


CBI closure report, states Rajesh is main suspect but not enough evidence against him.

2010-12-29

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Trial ordered


A special Ghaziabad court orders that Talwars be tried to murder. Couple also face allegations of destruction of evidence.

2011-02-09

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Bailable warrants


CBI special court in Ghaziabad issues bailable warrants against couple for not being present in court.

2011-02-28

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CBI on Rajesh's bail


CBI argues in court for cancellation of Rajesh's bail.

2012-03-14

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Nupur Talwar surrenders


Nupur Talwar surrenders to the police and sent to judicial custody.

2012-04-30

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Ghaziabad court charges couple


Rajesh and Nupur charged by Ghaziabad court with murder, destruction of evidence and conspiracy.

2012-05-25

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SC grants bail to Nupur


SC grants bail to Nupur who was lodged in Dasna jail since April 30.

2017-09-17

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CBI officer on Talwars


CBI offier tells court that Talwars killed Aarushi and Hemraj. Also, tells court that Aarushi and Hemraj were found in an objectionable position.

2013-03-16

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Defence counsel plea


Defence Counsel pleads before special court to summon 14 people, including ex-CBI joint director Arun Kumar as witness. CBI opposes plea.

2013-04-03

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Talwar's petition dismissed


Trial court dismisses Talwar's petition for summoning 14 witnesses. Orders recording of statements of parents.

2013-05-06

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SC rejects Talwar's petition


Supreme Court refuses to entertain Talwars' petition.

2013-05-13

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Final arguments begin


Final arguments start in Ghaziabad CBI court.

2013-10-10

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CBI closes argument


CBI closes arguments, says Talwars 'misled' investigators.

2013-10-18

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Court reserves verdict


Court reserves verdict in the case for November 25.

2013-11-12

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Sentencing


Rajesh and Nupur were convicted for the murder of Aarushi and Hemraj.

2013-11-25

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Life-term verdict


Rajesh and Nupur sentenced to life term by CBI court.

2013-11-26

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Talwars move Allahabad HC


Talwars move Allahabad High Court against CBI court’s life term order.

2014-01-21

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Allahabad HC denies bail


Allahabad HC denied bail to Talwars.

2014-05-19

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Allahabad HC reserves judgement


Allahabad HC reserves judgement on an appeal filed by Talwars, challenging their conviction by a CBI court in 2013.

2017-01-11

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Allahabad HC keeps judgement reserved


Allahabad HC keeps judgement reserved in the Aarushi-Hemraj murder case.

2017-09-07


After a botched investigation by the Uttar Pradesh Police, the CBI took over the case and arrested the parents on circumstantial evidence, which was used to convict them.

Justice Mishra said the trial judge convicted them without considering that in circumstantial evidence cases "things cannot be presumed and stuffed in a manner like the present one by adhering to self-created postulates then to roam inside the circle with all fanciful whim".

He said that the trial court could not act like a maths teacher who was solving a mathematical question by analogy after taking the certain figure for granted.

"In all criminal trials, analogies must be drawn and confined within the domain and realm of the evidence," he said. "It is admitted position to both the sides that no one, in fact, knew as to what happened."

To base the entire reasoning solely on "guess-work" and give concrete shape to such assumption appears to be a "futile attempt," he said.

Justice Mishra said it was apparent that the trial judge was "unmindful" of the basic tenets of law and its applicability, and had "failed" to properly appraise facts and evaluate evidence.

"Perhaps out of extra zeal and enthusiasm and on the basis of self perception," the trial judge adopted partial and parochial approach in giving vent "to his own emotional belief and conviction and thus tried to give concrete shape to his own imagination stripped of just evaluation of evidence and facts of this case," he said.

He observed that the entire judgement was, on the whole, a creation of "fanciful reasoning with pick and choose presuming (of) facts ... thus, basing a conclusion on unfounded evidence".

The first suspect in the murder was the Talwars' domestic help, 45-year-old Hemraj, who at the time was missing. But his body was recovered from the terrace of the house a day later.
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