Allahabad: Facing trial in the murder of
their teenaged daughter Aarushi, Noida`s doctor couple Rajesh
and Nupur Talwar on Monday filed a supplementary affidavit before
the Allahabad High Court citing a number of facts, which they
claimed had come up during investigations but were overlooked
by the special CBI court in Ghaziabad.
In their affidavit, the Talwars claimed that a DNA
test conducted on November 6, 2008 had concluded that the
finger marks found on the terrace of their house, on a whiskey
bottle found inside the house and on the pillow of another
domestic servant Krishna, belonged to "the same person and
most certainly a male".
The Talwars also alleged they were denied access to
Aarushi`s computer, seized by CBI for investigations, despite
an application moved under the Information Technology Act.
The couple submitted that they needed access to the
computer to find out who could have switched on the router,
which was essential for having access to the Internet.
The router was found to be on when Aarushi was found
dead inside her room on May 15, 2008.
Besides, it was submitted on behalf of the Talwars
that there was no evidence against the girl`s mother Nupur in
the case diary which could validate the summons issued to her,
along with husband Rajesh, by the CBI court.
The Talwars` counsel Gopal Chaturvedi argued that the
court could have proceeded against Nupur only under Section
319 CrPC if in course of trial any evidence of her complicity
in the murder had emerged.
CBI counsel Nazrul Islam Jafri rebutted the Talwars`
submission made last Friday that the agency had "no power to
oppose the petition", saying "the CBI was not a party in the
case and it was arguing the matter only to assist the court".
Responding to the petitioners` earlier submission that
the court had "wrongly" decided to conduct trial against them
despite the fact that the CBI had not named them as suspects
in its closure report, Jafri said, "If a magistrate is not
satisfied with the conclusions of the investigating agency, he
or she is free to take any decision in this regard."
Jafri also pointed towards the testimony of the
Talwars` driver Umesh Sharma, who had stated that he saw
Aarushi along with her parents at their dining table around
9.30 pm on May 15, 2008.
"In her testimony, the Talwars` maid servant Bharati
had said that on the next morning at 6.30 am, she woke up the
couple when Aarushi did not respond to the knocks on her door.
Nupur thereafter opened the door with the help of the key she
was in possession of.
This proves that the murder took place between the
period Umesh went to the house and Bharati came to attend to
her daily chores. The burden of proving what happened in the
mean time, lay on the Talwars," Jafri said.
As the day drew to a close, Justice Bala Krishna
Narayana adjourned the matter for further hearing tomorrow.