Ghaziabad: Drawing its own conclusion after taking cognizance of the CBI’s closure report, a special court here on Wednesday ordered that Dr Rajesh and Nupur Talwar be booked for the sensational murder of their daughter Aarushi and family’s domestic help Hemraj.
By deciding to see the Talwars as accused in the case, the court of Special CBI Magistrate Preeti Singh appears to have based its conclusion on the circumstantial evidence which points to the involvement of Aarushi’s parents in her murder.
The CBI had wanted to close the case and filed a closure report on December 29 last year, in which it had claimed - reiterated later during court hearings - that Dr Rajesh Talwar was the only suspect in the murder mystery, but a chargesheet is not being filed against him as there is no admissible evidence to prove his involvement.
But the court today asked the investigating agency to file a chargesheet against the doctor couple under multiple Sections of the Indian Penal Code: 302 (murder), 120(B) (criminal conspiracy), 201 (destruction of evidence) and 34 (criminal act done by several persons in furtherance of common intention of all).
Following the order, a fresh trial will begin against the couple on February 28 – the day when the CBI has been asked to file the chargesheet. Summons have been issued to the couple, asking them to be present in the court on that day.
However, it remains to be seen how the CBI will support its chargesheet given its own earlier admission on the lack of evidence it has.
Reacting to the development, lawyer for the Talwars, Rebecca John said
they will approach a superior court for striking down this
"You (an apparent reference to media) create an
atmosphere and this is what will happen," she said.
"There is rule of law in the country. We propose to
challenge the order in a superior court. This is not a final
order. This is open to challenge. Our remedies are open," she
14-year-old Aarushi was found murdered with her throat slit in her parents` home at Jalvayu Vihar in Noida on May 16, 2008. The family`s domestic help Hemraj was found killed on the terrace of the flat the following day.