Ghaziabad: A special CBI court here on Thursday dismissed two applications of Talwars in the Aarushi-Hemraj twin murder case, seeking to place on record DNA related reports.
The court pointed out that a similar petition was dismissed earlier on August 14 on grounds that there was no need for these documents.
The court also dismissed the investigating agency`s application on "cross-examination" of senior scientist B P Mahapatra of the Central Forensic Science Laboratory (CFSL) on the assurance of the defence that the cross-examination would be completed within two days.
This is the third time that the cross-examination has been deferred in the matter.
After the completion of the cross-examination of the forensic expert, the prosecution has to examine 13 more witnesses before September 17 as directed by the Supreme Court.
The CBI counsel, R K Saini told the court that as per the direction of the Supreme Court the accused should co-operate with the prosecution on all respects during the cross-examination of the witnesses so that the trial court may direct the defence to complete the cross-examination.
The CBI stated that the trial is being represented by a number of senior counsel and assisted by junior counsel who are deliberately not completing the cross-examination of the forensic expert who is regularly attending the court from 10 AM to 4.30 PM.
The witness is being cross examined during the pre-lunch session. This is being done by the accused to deprive the prosecution to examine the 13 witnesses before September 17, it said.
Cross-examination of the scientist was partially completed during the pre-lunch session of the day long proceedings, but in the post-lunch, the defence sought deferment of further cross-examination on the grounds that the senior defence counsel G P Thareja "went off due to some reasons."
During the partial cross examination in the pre-lunch session, the defense asked the forensic expert regarding the procedure of the testing and how the sample and the exhibits were kept in custody and returned to the CBI.
The special CBI judge ordered for the continuation of the cross-examination of the forensic scientist tomorrow.
Aarushi, 14, was found murdered at her parents` Noida residence May 16, 2008 while the body of the family`s domestic help Hemraj was found the next day on the terrace of the house. Aarushi`s parents Rajesh and Nupur Talwar are facing trial in the double murder case.