Sr officers stopped charge sheet against Talwars, court told
Ghaziabad: The CBI investigating team wanted to charge sheet Nupur and Rajesh Talwar and two others in Aarushi-Hemraj murder case but was directed by seniors to file closure report as they felt there wasn't enough material, the officer who led the probe told a court on Monday.
Additional Superintendent of Police AGL Kaul who is being cross examined by the defence counsel said he had enough circumstantial evidence against Rajesh's brother Dinesh Talwar and family friend Sunil Choudhary to file charge sheet against them.
When asked by court, he said, "In the case diary, I had recommended filing charge sheet against accused persons (Nupur and Rajesh Talwar), Dr Dinesh Talwar and Dr Sushil Choudhary but my senior officers Neelabh Kishore and Javeed Ahmed felt that there is not enough material to file the charge sheet hence I filed final report (closure)."
"It is wrong to say that accused persons had neither killed Aarushi and Hemraj nor they took Hemraj's body to terrace and dragged his body on the roof. It is also wrong to say that both the accused kept sleeping on the entire intervening night of May 15-16, 2008 and came to know about the murder of Aarushi in the morning only," he said.
Kaul also said that it was wrong to say that Aarushi and Hemraj were not hit by golf sticks.
The officer also said that Talwars did not cooperate in the investigation. Kaul, who has been credited with solving many complex cases including the Shehla Masood murder, told the court that it was not correct to say that he had deliberately not mentioned the evidence in his closure report which went in favour of Talwars.
Kaul refuted allegations that forensic expert Dr Mohinder Singh Dahiya who was asked to prepare a report in the case in 2009 never visited the crime site but added that he did not ask anyone to become witness to the visit.
He said he had accompanied Dr Dahiya, who is Director of the Institute of Forensic Science, Gujarat Forensic Sciences University, to the crime site which was earlier inspected by CFSL expert Dr Rajendra Singh.
Kaul said he has mentioned the visit of Dr Dahiya in his case diary. However, the officer also made it clear that memo of his visit to the crime site was not prepared by him.
He also said that it was wrong to say that his inference of dressing up of crime scene as mentioned in the closure report was false or against the available evidence.
During cross examination, Kaul said he did not mention it wrongly that Rajesh Talwar did not go to Noida Golf Club regularly but it was clear that he was the member of the club.
He said previous investigators had not issued any notice to Talwars for producing gold sticks.
Kaul told the defence counsel that he did not attach call detail records of servants Krishna and Rajkumar along with the closure report because, according to him, they were not accused in the case.
He claimed that call details records of the basic telephone installed at Talwars residence in Jalvayu Vihar were not taken because there is no such records for basic phones.
Kaul also told the court that during investigation he came to know that Hemraj's mobile phone was found active in Punjab circle of Tata Telecom and an SMS was received on it after the crime was committed and these details have been mentioned in the closure report.
14-year old Aarushi was found dead with her throat slit in her bedroom on May 16, 2008. The initial suspicion went on Hemraj whose body was later found in their terrace at Jalvayu Vihar in Noida on the outskirts of Delhi.
The allegations of involvement in the murder have been refuted by Talwars who have claimed innocence in the matter.
Kaul said during investigation of mobile phone location of Hemraj he came to know from Tata Telecom that an sms was received on his mobile and at the time of receiving the sms the location of phone was in Punjab circle.
He said although he mentioned about it in his case diary, he did not attach any document to substantiate it in his closure report.
The officer also said he had correctly written in his closure report that Krishna and other domestice servants did not talk to each other on May 15, 2008.
Kaul is an important witness as he was the investigating officer who filed the closure report in the case in which it was claimed that only Rajesh and Nupur Talwar could have committed the murder.
The report was filed because CBI could not get enough evidence against the dentist couple which were admissible in the court.