Aarushi case: Visible evidence cannot be ignored, says Court

Snehesh Alex Philip

Ghaziabad, Jan 9 (PTI) Pulling up CBI for its "highlydisappointing" move of filing a closure report in the AarushiTalwar murder case, the special CBI Court held that "visibleevidence" could not not be ignored in making her parentsaccused and to stand trial in the case.

Special Judicial Magistrate Preeti Singh relied on anumber of statements of the witnesses and entries in the casediary to come to the conclusion that Rajesh and Nupur Talwarshould be put on trial for the murder of their daughter andservant Hemraj more than two years ago.

Rapping the CBI for filing the closure report, thecourt said in its 21-page order that "in the light of all thecircumstantial evidence and witnesses in the case diary, itwas expected that the investigator should have filed thechargesheet against Dr Rajesh and Nupur Talwar.

"In such a case where the incident has happened insidehome, visible evidence cannot be ignored."

The court appeared to have taken serious note of thestatement of Dr Sunil Kumar Dhore, who had conducted thepost-mortern of the teenager.

His statement referred to an incident in which DineshTalwar, brother of Rajesh, handed over to him a mobile phonesaying Dr Dogra (AIIMS specialist on post mortems) was on theline through whom Dhore was asked to pick up samples amongothers. "I (Dhore) said ''don''t worry. Whatever is importantwill be taken," Dhore had said.

The court said "The witness (Dr Dhore) said he didnot find any external injury marks or any self-defenceevidence. But vaginal opening was large. White discharge wasfound in the vaginal cavity and no injury was found near herprivate parts. Both the deceased have similar injury on theneck and it has been done by a person who is surgicallytrained."

The Judge also said the injury was V-shaped whichcan be inflicted by the golf stick, as suggested by the CBI inthe closure report.

The Court also observed that there was circumstantialevidence pointing out that Aarushi''s private parts werecleaned.

It came to the conclusion after the investigation ofall the above-mentioned witnesses and evidence registered onthe case diary, "prima facie it appears when the incident tookplace there were four people present in the house-- Dr RajeshTalwar, Dr Nupur Talwar, Aarushi and Hemraj, out of which,two, Aarushi and Hemraj were found dead." .