So let's start with the email that I received and the point of view "why the parents cannot be the murderers" Email follows......................
The Aarushi Murder case is an interesting case in point. It points to many obvious lapses, and a complete failure of the system.
I believe, that Aarushi’s parents did not murder her. This is why:
1. They would not go to the police, without getting rid of Hemraj’s body, which was found in the terrace, the Next Day. They would have got rid of Hemraj’s body. Or placed it in a way, that suggested he... was murdered, rather than throwing it randomly, on the terrace.
2. Also, Nupur Talwar had led her maid into the house, by throwing her the keys, from the balcony, and calling Hemraj, on his mobile, since he usually opened the door to the maid, and he didn’t the next morning. His mobile was promptly cut by the person who was in possession of it, when Nupur Talwar called him. Neither the police nor the CBI ever tried finding out where the call could be traced to, or call details of Hemraj, After the murder of Aarushi.
3. The crime scene was blotched up, by the police, instead of, by the Talwars.
4. The police also found Aarushi’s father worthy of being picked up for double murder, within 7 days of the crime, Despite the fact, that there was Absolutely no evidence against him. There has been no actually evidence, against either of the parents, till now, notwithstanding the stupid circumstantial evidence theory of the Special CBI Court.
5. Also, if the Talwar’s were guilty, why would the CBI want to file a closure report, and why would the Talwar’s oppose it. The CBI court suddenly found them worthy of being harassed again, since they did not appear before it.
6. The police partially investigated call records, for locations of callers, but, it neither investigated the nature of the conversation, or the content, thereof. Also, most of this was never made public, even before the CBI Court. The CBI Court did not bother asking, why the Police or the CBI did not go into the conversations that took place immediately before the murders of Hemraj and Aarushi, especially with regard to Hemraj, and Krishna Thadarai, an assistant at the Talwars' dental clinic.
7. Also, the police and CBI so conveniently planted an absolutely ludicrous and obscene story of an affair between a 14 year old girl and her family domestic help, whereas there was nothing to corroborate this obscene theory.
8. It is the police which tried to, unsuccessfully implicate Vishnu Sharma, for the twin murders, trying to state, that, he was jealous that his relative Hemraj had been made a permanent employee, whereas Hemraj was only meant as a temporary fill-in. Vishnu Sharma was found to be in Nepal at the time of the murders, and his presence was verified by lots of people, and so the theories of the police and the CBI fell flat on its face.
What is shocking though, is, why would people from different government institutions try and cover up for the murder of Aarushi. So much of muscle-power to cover up a crime is insanely scary:
1. Girija Vyas, the head of the NCW (National Commission for Women) repeatedly called up Nirmala Venkatesh, to immediately stop the investigation. The CBI never went into the phone records of Girija Vyas to come clean on this? Why?
2. The UP Police, as well as the CBI, tried, in vain, to frame everyone from former domestic helps, to former assistants in the clinic. They also tutored witnesses, during Narco Analysis, to try and make them seem like they were guilty. Why?
3. Why did the UP Police wipe the crime scene completely of all possible evidence?
4. Why were the reports of all various labs contradictory, and against the very edifice of criminal jurisprudence as well as forensic evidence?
5. Why are various courts in India not willing to apply even basic human rights, with regard to the Talwars. Why are they being treated like criminals, without a shred of evidence against them?
6. Why were the Talwars prevented from bringing in evidence to strengthen their case?
7. How did the former cop, KK Gautam know that a body was lying in the terrace, and lead the police and the media, at the same time, into the terrace? Did he dream of this? Or does he have a superb sense of clairvoyance?
The whole investigation leads one to believe, that whoever murdered Aarushi, was an enemy of the Talwars, and this person is definitely strong enough, to pull strings with the Police, the CBI, the NCW and many other people. Therefore, there is no way, that the Talwars will get justice. Not in this lifetime atleast.
I believe, that Aarushi’s parents did not murder her. This is why:
1. They would not go to the police, without getting rid of Hemraj’s body, which was found in the terrace, the Next Day. They would have got rid of Hemraj’s body. Or placed it in a way, that suggested he... was murdered, rather than throwing it randomly, on the terrace.
2. Also, Nupur Talwar had led her maid into the house, by throwing her the keys, from the balcony, and calling Hemraj, on his mobile, since he usually opened the door to the maid, and he didn’t the next morning. His mobile was promptly cut by the person who was in possession of it, when Nupur Talwar called him. Neither the police nor the CBI ever tried finding out where the call could be traced to, or call details of Hemraj, After the murder of Aarushi.
3. The crime scene was blotched up, by the police, instead of, by the Talwars.
4. The police also found Aarushi’s father worthy of being picked up for double murder, within 7 days of the crime, Despite the fact, that there was Absolutely no evidence against him. There has been no actually evidence, against either of the parents, till now, notwithstanding the stupid circumstantial evidence theory of the Special CBI Court.
5. Also, if the Talwar’s were guilty, why would the CBI want to file a closure report, and why would the Talwar’s oppose it. The CBI court suddenly found them worthy of being harassed again, since they did not appear before it.
6. The police partially investigated call records, for locations of callers, but, it neither investigated the nature of the conversation, or the content, thereof. Also, most of this was never made public, even before the CBI Court. The CBI Court did not bother asking, why the Police or the CBI did not go into the conversations that took place immediately before the murders of Hemraj and Aarushi, especially with regard to Hemraj, and Krishna Thadarai, an assistant at the Talwars' dental clinic.
7. Also, the police and CBI so conveniently planted an absolutely ludicrous and obscene story of an affair between a 14 year old girl and her family domestic help, whereas there was nothing to corroborate this obscene theory.
8. It is the police which tried to, unsuccessfully implicate Vishnu Sharma, for the twin murders, trying to state, that, he was jealous that his relative Hemraj had been made a permanent employee, whereas Hemraj was only meant as a temporary fill-in. Vishnu Sharma was found to be in Nepal at the time of the murders, and his presence was verified by lots of people, and so the theories of the police and the CBI fell flat on its face.
What is shocking though, is, why would people from different government institutions try and cover up for the murder of Aarushi. So much of muscle-power to cover up a crime is insanely scary:
1. Girija Vyas, the head of the NCW (National Commission for Women) repeatedly called up Nirmala Venkatesh, to immediately stop the investigation. The CBI never went into the phone records of Girija Vyas to come clean on this? Why?
2. The UP Police, as well as the CBI, tried, in vain, to frame everyone from former domestic helps, to former assistants in the clinic. They also tutored witnesses, during Narco Analysis, to try and make them seem like they were guilty. Why?
3. Why did the UP Police wipe the crime scene completely of all possible evidence?
4. Why were the reports of all various labs contradictory, and against the very edifice of criminal jurisprudence as well as forensic evidence?
5. Why are various courts in India not willing to apply even basic human rights, with regard to the Talwars. Why are they being treated like criminals, without a shred of evidence against them?
6. Why were the Talwars prevented from bringing in evidence to strengthen their case?
7. How did the former cop, KK Gautam know that a body was lying in the terrace, and lead the police and the media, at the same time, into the terrace? Did he dream of this? Or does he have a superb sense of clairvoyance?
The whole investigation leads one to believe, that whoever murdered Aarushi, was an enemy of the Talwars, and this person is definitely strong enough, to pull strings with the Police, the CBI, the NCW and many other people. Therefore, there is no way, that the Talwars will get justice. Not in this lifetime atleast.
Source: a legal fraternity member!
Now I would put my point of view to all of the above points and prove why none of these points makes sense and why it's not helping the parents cause. I am sorry but you have to go through the email again as my response to the points are embedded in the email it self (My response is in red)
The Aarushi Murder case is an interesting case in point. It points to many obvious lapses, and a complete failure of the system.
I believe, that Aarushi’s parents did not murder her. This is why:
1. They would not go to the police, without getting rid of Hemraj’s body, which was found in the terrace, the Next Day. They would have got rid of Hemraj’s body. Or placed it in a way, that suggested he... was murdered, rather than throwing it randomly, on the terrace.
I believe, that Aarushi’s parents did not murder her. This is why:
1. They would not go to the police, without getting rid of Hemraj’s body, which was found in the terrace, the Next Day. They would have got rid of Hemraj’s body. Or placed it in a way, that suggested he... was murdered, rather than throwing it randomly, on the terrace.
The parents committed the crime at around 1 am and by the time the shock settled in and they discussed whether they should surrender or try to save themselves, staged Arushi's room it was already near dawn and trying to get rid of Hemraj's body early in the morning with the maid coming in at around 6 am would have been very close, (and remember the car was not parked by their building it was parked in the in-laws garage) so they thought let's lock him on the terrace, blame him for the murder, send the police on a wild goose chaise to Nepal, and then will figure out when and how to get rid of the body.
2. Also, Nupur Talwar had led her maid into the house, by throwing her the keys, from the balcony, and calling Hemraj, on his mobile, since he usually opened the door to the maid, and he didn’t the next morning. His mobile was promptly cut by the person who was in possession of it, when Nupur Talwar called him. Neither the police nor the CBI ever tried finding out where the call could be traced to, or call details of Hemraj, After the murder of Aarushi.
If they were planning to save themselves from being implicated the most obvious thing to do was to call Hemraj on his cell, not doing that would have gone against them (If you are looking for your servant what is the first thing you would do). And the cell phone call was traced to the tower right besides the Talwar residence, indicating the phone was in their house (maybe they were not able to locate the phone, they located it when it rang and switched it off). Hemraj's phone not being found is very important for the Talwars to corroborate their story that Hemraj left for Nepal (No one leaves the house these days without their cell phone)
3. The crime scene was blotched up, by the police, instead of, by the Talwars.
This is totally wrong, the crime scene was blotched up by the Talwars. What is the first thing you do when you see your daughter murdered and you are suspecting the servant from Nepal did it, yes you call the police immediately not giving the absconder time to move out of the country. But the police was called more than an hour after the maid came in (in fact it was one of the neighbours who asked the security guard to call the police at 7.15 an hour and 15 mins after the maid came in), and by that time all the neighbours were there, and that was a very good plan to get every one else's finger prints and DNA into the house.
4. The police also found Aarushi’s father worthy of being picked up for double murder, within 7 days of the crime, Despite the fact, that there was Absolutely no evidence against him. There has been no actually evidence, against either of the parents, till now, notwithstanding the stupid circumstantial evidence theory of the Special CBI Court.
The circumstantial evidence is too strong to ignore. The Terrace door was locked and Hemraj's body was hidden below a cooler panel on the Terrace. Who has the time after a murder to do all this, to look for a particular key out of the 10-20 keys in the key-set, and then lock the door. (Those keys were never found)
5. Also, if the Talwar’s were guilty, why would the CBI want to file a closure report, and why would the Talwar’s oppose it. The CBI court suddenly found them worthy of being harassed again, since they did not appear before it.
After the CBI openly admitted that they have no evidence to continue with the case, would that not embolden you to put a final nail in the coffin. They thought they have nothing to loose and everything to gain.
6. The police partially investigated call records, for locations of callers, but, it neither investigated the nature of the conversation, or the content, thereof. Also, most of this was never made public, even before the CBI Court. The CBI Court did not bother asking, why the Police or the CBI did not go into the conversations that took place immediately before the murders of Hemraj and Aarushi, especially with regard to Hemraj, and Krishna Thadarai, an assistant at the Talwars' dental clinic.
Now this point does not makes sense to me, how can you go through the conversation that Hemraj and Aarushi had with any one, the calls are not recorded. If the narrator means why Krishna was not interrogated about the calls he made to Hemraj, then the narrator is wrong because at first the UP police and then the CBI not only interrogated but tortured him to death several times, but when nothing came out of it and he was able to establish an alibi, then only the investigators started looking at the Talwars with suspicion
7. Also, the police and CBI so conveniently planted an absolutely ludicrous and obscene story of an affair between a 14 year old girl and her family domestic help, whereas there was nothing to corroborate this obscene theory.
This is what the doctor had to say (even though in the first report he did not mention this)
Dr. Sunil Dohare stated that Aarushi's private parts were "extraordinarily dilated", although there were no signs of rape. He stated that her hymen was ruptured and that it had an old tear. He also stated that her vaginal orifice was "unduly large", the mouth of her cervix was visible (Showing that she used to have sex)
8. It is the police which tried to, unsuccessfully implicate Vishnu Sharma, for the twin murders, trying to state, that, he was jealous that his relative Hemraj had been made a permanent employee, whereas Hemraj was only meant as a temporary fill-in. Vishnu Sharma was found to be in Nepal at the time of the murders, and his presence was verified by lots of people, and so the theories of the police and the CBI fell flat on its face.
That's the point, when the police found out that the servants could not be involved then they started looking at the Talwars. It could either be the Talwars or the servants, no one else would have so much access to the house.
What is shocking though, is, why would people from different government institutions try and cover up for the murder of Aarushi. So much of muscle-power to cover up a crime is insanely scary:
1. Girija Vyas, the head of the NCW (National Commission for Women) repeatedly called up Nirmala Venkatesh, to immediately stop the investigation. The CBI never went into the phone records of Girija Vyas to come clean on this? Why?
What is shocking though, is, why would people from different government institutions try and cover up for the murder of Aarushi. So much of muscle-power to cover up a crime is insanely scary:
1. Girija Vyas, the head of the NCW (National Commission for Women) repeatedly called up Nirmala Venkatesh, to immediately stop the investigation. The CBI never went into the phone records of Girija Vyas to come clean on this? Why?
This theory of big wigs trying to cover up does not have any basis and going into it would be a waste of time, let's skip it.
2. The UP Police, as well as the CBI, tried, in vain, to frame everyone from former domestic helps, to former assistants in the clinic. They also tutored witnesses, during Narco Analysis, to try and make them seem like they were guilty. Why?
2. The UP Police, as well as the CBI, tried, in vain, to frame everyone from former domestic helps, to former assistants in the clinic. They also tutored witnesses, during Narco Analysis, to try and make them seem like they were guilty. Why?
As I said it was the parents or the servants and they interrogating the servants to see if they falter, if anything comes out of it or not. That's what I would have done, before moving on to the parents.
3. Why did the UP Police wipe the crime scene completely of all possible evidence?
The UP police did no such thing, they did their basic duties, and at that time in every one's mind Hemraj was the prime suspect and that happens every day in Delhi, a Nepali help killing some one in the household and running off to Nepal, who could have imagined that day, that it would become the thriller of the decade. If the narrator is pointing to the involvement of influential people, it would need a lot of people to stay quiet about the murders and that is not possible so we would not go in that direction
4. Why were the reports of all various labs contradictory, and against the very edifice of criminal jurisprudence as well as forensic evidence?
They were all ill trained people and it shows the weakness of the system and how it failed, no planned mistake has come to surface.
5. Why are various courts in India not willing to apply even basic human rights, with regard to the Talwars. Why are they being treated like criminals, without a shred of evidence against them?
Once again it's all circumstantial and it cannot be ignored just because there is no direct proof.
6. Why were the Talwars prevented from bringing in evidence to strengthen their case?
The touch DNA that the Talwars wanted to bring in was not reliable enough, and it was rejected by the supreme court.
7. How did the former cop, KK Gautam know that a body was lying in the terrace, and lead the police and the media, at the same time, into the terrace? Did he dream of this? Or does he have a superb sense of clairvoyance?
KK Gautam did not know the family directly and when Rajesh and Nupur went to Hardwar he happened to be in the house, and some one showed him the blood marks on the terrace door, and he was curious enough to get it opened.
The whole investigation leads one to believe, that whoever murdered Aarushi, was an enemy of the Talwars, and this person is definitely strong enough, to pull strings with the Police, the CBI, the NCW and many other people. Therefore, there is no way, that the Talwars will get justice. Not in this lifetime atleast.
The whole investigation leads one to believe, that whoever murdered Aarushi, was an enemy of the Talwars, and this person is definitely strong enough, to pull strings with the Police, the CBI, the NCW and many other people. Therefore, there is no way, that the Talwars will get justice. Not in this lifetime atleast.
Source: a legal fraternity member!
End of email....................................
We have gone through the entire email and not one point convinces me that the Talwars did not do it.
Now lets' check the other side of the story, as to what the CBI special court has to say about why they think the Talwars did it. The court gave 26 reasons to convict the Talwars. Go through the points first I would not interfere with my comments
Reasons that led to the conviction
1. Irrefragably on the fateful night of May 15 and 16, 2008, both the accused were last seen with both the deceased in flat no.
L- 32, Jalvayu Vihar, Noida, around 9.30 pm by Umesh Sharma, the driver of Rajesh Talwar.
2. On the morning of May 16, 2008, around 6 am, Aarushi was found murdered in her bedroom, which was adjacent to the bedroom of the accused and there was only a partition wall between the two bedrooms.
3. The dead body of the servant, Hemraj, was found lying in a pool of blood on the terrace of the flat on May 17, 2008, and the door of the terrace was found locked from inside.
4. There is a proximity between the point of time when both the accused and the deceased persons were last seen together alive and the deceased were murdered on the intervening night of May 15 and 16, 2008, and as such the time is so small that possibility of any other person(s) other than the accused being the authors of the crime becomes impossible.
5. The door of Aarushi's bedroom was fitted with automatic clickshut lock. Mahesh Kumar Mishra, the then SP (City), Noida, has deposed that when he talked to Rajesh on May 16 morning, he had told him that in the preceding night around 11.30 pm he had gone to sleep with the key after locking the door of Aarushi's bedroom from outside.
Both the accused have admitted that the door of Aarushi's bedroom had an automatic click- shut lock like that of a hotel, which could not be opened from outside without key but could be opened from inside without a key. No explanation has been offered by the accused as to how the lock of Aarushi’s room was opened and by whom.
6. The Internet remained active on the night of the gory incident suggesting that at least one of the accused was awake.
7. There is nothing to show that an outsider(s) came inside the house on the said night after 9.30 pm.
8. There was no disruption in the supply of electricity on that night.
9. No person was seen loitering near the flats in suspicious circumstances during that night.
10. There is no evidence of forcible entry of any outsider(s) in the flat on the fateful night.
11. There is no evidence of any larcenous act in the flat.
12. On the morning of May 16, 2008, when the maid came to the flat, a false pretext was made by Nupur Talwar that the door might have been locked from outside by Hemraj although it was not locked or latched from outside.
13. The house maid, Bharti Mandal, has nowhere stated that when she went inside the flat both the accused were found weeping.
14. From the testimony of Bharti it is clear that when she reached the flat and talked to Nupur the latter had not complained about the murder of her daughter and rather she told the maid that Hemraj might have gone to fetch milk from Mother Dairy after locking the door from outside. This lack of spontaneity is relevant under Section 8 of the Evidence Act.
15. The clothes of both the accused were not found soaked in blood. It is highly unnatural that parents of the deceased Aarushi did not cling to and hug her on seeing her murdered.
16. No outsider(s) will dare to take Hemraj to the terrace in severely injured condition and thereafter look for a lock to be placed in the door of the terrace.
17. It is not possible that an outsider(s) after committing the murders will muster courage to have Scotch whisky knowing that the parents of the deceased Aarushi are in the nearby room and his top priority will be to run away from the crime scene immediately.
18. A single person cannot take Hemraj’s body all the way up the stairs to the terrace.
19. The door of the terrace was never locked prior to the occurrence. It was found locked on the morning of May 16, 2008, and the accused did not give the key of the lock to the police despite being asked for the same.
20. The accused have taken plea in the statements under Section 313 CrPC that about 8-10 days before the murders, painting of cluster had started and the navies used to take water from water tank placed on the terrace of the flat and then Hemraj had started locking the door of the terrace and the key of that lock remained with him. If it was so then it was not easily possible for an outsider to find out the key of the lock to the terrace door.
21. If an outsider(s) committed the crime in question after locking the door of the terrace and had gone out of the flat then the outer most mesh door or middle mesh door must have been found latched from outside.
22. The motive of the commission of the crime has been established.
23. It is not possible that after commission of the crime, an outsider( s) will dress- up the crime scene.
24. Golf club no. 5 was thrown in the loft after the commission of the crime and the same was produced after many months by the accused Rajesh.
25. Pattern of head and neck injuries of both the accused persons are almost similar in nature and can be caused by golf club and scalpel, respectively.
26. Accused Rajesh was a member of Noida Golf Club and golf clubs were produced by him before the CBI and scalpel is used by dentists and both the accused are dentists by profession.
1. Irrefragably on the fateful night of May 15 and 16, 2008, both the accused were last seen with both the deceased in flat no.
L- 32, Jalvayu Vihar, Noida, around 9.30 pm by Umesh Sharma, the driver of Rajesh Talwar.
2. On the morning of May 16, 2008, around 6 am, Aarushi was found murdered in her bedroom, which was adjacent to the bedroom of the accused and there was only a partition wall between the two bedrooms.
3. The dead body of the servant, Hemraj, was found lying in a pool of blood on the terrace of the flat on May 17, 2008, and the door of the terrace was found locked from inside.
4. There is a proximity between the point of time when both the accused and the deceased persons were last seen together alive and the deceased were murdered on the intervening night of May 15 and 16, 2008, and as such the time is so small that possibility of any other person(s) other than the accused being the authors of the crime becomes impossible.
5. The door of Aarushi's bedroom was fitted with automatic clickshut lock. Mahesh Kumar Mishra, the then SP (City), Noida, has deposed that when he talked to Rajesh on May 16 morning, he had told him that in the preceding night around 11.30 pm he had gone to sleep with the key after locking the door of Aarushi's bedroom from outside.
Both the accused have admitted that the door of Aarushi's bedroom had an automatic click- shut lock like that of a hotel, which could not be opened from outside without key but could be opened from inside without a key. No explanation has been offered by the accused as to how the lock of Aarushi’s room was opened and by whom.
6. The Internet remained active on the night of the gory incident suggesting that at least one of the accused was awake.
7. There is nothing to show that an outsider(s) came inside the house on the said night after 9.30 pm.
8. There was no disruption in the supply of electricity on that night.
9. No person was seen loitering near the flats in suspicious circumstances during that night.
10. There is no evidence of forcible entry of any outsider(s) in the flat on the fateful night.
11. There is no evidence of any larcenous act in the flat.
12. On the morning of May 16, 2008, when the maid came to the flat, a false pretext was made by Nupur Talwar that the door might have been locked from outside by Hemraj although it was not locked or latched from outside.
13. The house maid, Bharti Mandal, has nowhere stated that when she went inside the flat both the accused were found weeping.
14. From the testimony of Bharti it is clear that when she reached the flat and talked to Nupur the latter had not complained about the murder of her daughter and rather she told the maid that Hemraj might have gone to fetch milk from Mother Dairy after locking the door from outside. This lack of spontaneity is relevant under Section 8 of the Evidence Act.
15. The clothes of both the accused were not found soaked in blood. It is highly unnatural that parents of the deceased Aarushi did not cling to and hug her on seeing her murdered.
16. No outsider(s) will dare to take Hemraj to the terrace in severely injured condition and thereafter look for a lock to be placed in the door of the terrace.
17. It is not possible that an outsider(s) after committing the murders will muster courage to have Scotch whisky knowing that the parents of the deceased Aarushi are in the nearby room and his top priority will be to run away from the crime scene immediately.
18. A single person cannot take Hemraj’s body all the way up the stairs to the terrace.
19. The door of the terrace was never locked prior to the occurrence. It was found locked on the morning of May 16, 2008, and the accused did not give the key of the lock to the police despite being asked for the same.
20. The accused have taken plea in the statements under Section 313 CrPC that about 8-10 days before the murders, painting of cluster had started and the navies used to take water from water tank placed on the terrace of the flat and then Hemraj had started locking the door of the terrace and the key of that lock remained with him. If it was so then it was not easily possible for an outsider to find out the key of the lock to the terrace door.
21. If an outsider(s) committed the crime in question after locking the door of the terrace and had gone out of the flat then the outer most mesh door or middle mesh door must have been found latched from outside.
22. The motive of the commission of the crime has been established.
23. It is not possible that after commission of the crime, an outsider( s) will dress- up the crime scene.
24. Golf club no. 5 was thrown in the loft after the commission of the crime and the same was produced after many months by the accused Rajesh.
25. Pattern of head and neck injuries of both the accused persons are almost similar in nature and can be caused by golf club and scalpel, respectively.
26. Accused Rajesh was a member of Noida Golf Club and golf clubs were produced by him before the CBI and scalpel is used by dentists and both the accused are dentists by profession.
Now let's go over the points 1 by 1
Reasons that led to the conviction
1. Irrefragably on the fateful night of May 15 and 16, 2008, both the accused were last seen with both the deceased in flat no.
L- 32, Jalvayu Vihar, Noida, around 9.30 pm by Umesh Sharma, the driver of Rajesh Talwar.
So What???
1. Irrefragably on the fateful night of May 15 and 16, 2008, both the accused were last seen with both the deceased in flat no.
L- 32, Jalvayu Vihar, Noida, around 9.30 pm by Umesh Sharma, the driver of Rajesh Talwar.
So What???
2. On the morning of May 16, 2008, around 6 am, Aarushi was found murdered in her bedroom, which was adjacent to the bedroom of the accused and there was only a partition wall between the two bedrooms.
So What???
3. The dead body of the servant, Hemraj, was found lying in a pool of blood on the terrace of the flat on May 17, 2008, and the door of the terrace was found locked from inside.
Yes this is one of the very few strong points against the Talwars, any one else murdering Hemraj would not lock the Terrace door.
4. There is a proximity between the point of time when both the accused and the deceased persons were last seen together alive and the deceased were murdered on the intervening night of May 15 and 16, 2008, and as such the time is so small that possibility of any other person(s) other than the accused being the authors of the crime becomes impossible.
4. There is a proximity between the point of time when both the accused and the deceased persons were last seen together alive and the deceased were murdered on the intervening night of May 15 and 16, 2008, and as such the time is so small that possibility of any other person(s) other than the accused being the authors of the crime becomes impossible.
This is laughable, the court thinks it takes 1 hour for some one to die, it actually took 2 mins for Aarushi to die of the blow on the head and same with Hemraj and then the killers/killer had 5 more hours to stage the murder, hide Hemraj's body, have some whisky take the cell phones and leave. What is impossible here.
5. The door of Aarushi's bedroom was fitted with automatic clickshut lock. Mahesh Kumar Mishra, the then SP (City), Noida, has deposed that when he talked to Rajesh on May 16 morning, he had told him that in the preceding night around 11.30 pm he had gone to sleep with the key after locking the door of Aarushi's bedroom from outside.
5. The door of Aarushi's bedroom was fitted with automatic clickshut lock. Mahesh Kumar Mishra, the then SP (City), Noida, has deposed that when he talked to Rajesh on May 16 morning, he had told him that in the preceding night around 11.30 pm he had gone to sleep with the key after locking the door of Aarushi's bedroom from outside.
Both the accused have admitted that the door of Aarushi's bedroom had an automatic click- shut lock like that of a hotel, which could not be opened from outside without key but could be opened from inside without a key. No explanation has been offered by the accused as to how the lock of Aarushi’s room was opened and by whom.
If Hemraj taps on Aarushi's door don't you think she would open it, maybe Hemraj was with the murderer's, maybe he had a duplicate key to Aarushi's room built without the knowledge of the parents. No one knows what happened that night, this point cannot go against the Talwars. How can they explain some thing that they don't know.
6. The Internet remained active on the night of the gory incident suggesting that at least one of the accused was awake.
Upto what time dear judge? Yes the husband was awake uptill 12am. So what's your point, and what does that prove???
7. There is nothing to show that an outsider(s) came inside the house on the said night after 9.30 pm.
Yes because they could have been let in by Hemraj. Maybe he let them in only to his apartment and they had a few drinks and of course because of Hemraj's room they had full access to the house. No need of breaking in. Can the court prove that Hemraj did not let any one in.
7. There is nothing to show that an outsider(s) came inside the house on the said night after 9.30 pm.
Yes because they could have been let in by Hemraj. Maybe he let them in only to his apartment and they had a few drinks and of course because of Hemraj's room they had full access to the house. No need of breaking in. Can the court prove that Hemraj did not let any one in.
8. There was no disruption in the supply of electricity on that night.
So what's the point here, this point could have been included with some other point to make sense of it, by itself this point shows how stupid and senseless a court in India can be.
9. No person was seen loitering near the flats in suspicious circumstances during that night.
9. No person was seen loitering near the flats in suspicious circumstances during that night.
It's a very big colony, and we all know what the security guards do at night. Were there cameras out side the Talwars' residence?
10. There is no evidence of forcible entry of any outsider(s) in the flat on the fateful night.
10. There is no evidence of forcible entry of any outsider(s) in the flat on the fateful night.
Hahaha this one is a repeat of point 7. This shows the court is so desperate to prove a point.
11. There is no evidence of any larcenous act in the flat.
11. There is no evidence of any larcenous act in the flat.
I had to look this up, larcenous means theft. The motive could have been some fun with Aarushi which turned ugly.
12. On the morning of May 16, 2008, when the maid came to the flat, a false pretext was made by Nupur Talwar that the door might have been locked from outside by Hemraj although it was not locked or latched from outside.
12. On the morning of May 16, 2008, when the maid came to the flat, a false pretext was made by Nupur Talwar that the door might have been locked from outside by Hemraj although it was not locked or latched from outside.
When the maid said that the door is locked because she tried to open it and it was not opening that's when Nupur assumed that Hemraj might have gone to get milk and he might have locked the outer door. Where is the false pretext here, and what is the court trying to prove. That's what I would have assumed if the maid cannot come in it means the door is locked.
13. The house maid, Bharti Mandal, has nowhere stated that when she went inside the flat both the accused were found weeping.
13. The house maid, Bharti Mandal, has nowhere stated that when she went inside the flat both the accused were found weeping.
Different people have different mechanisms to cope with shock, some cry, some weep, some wail, and some even laugh, some people go quiet. This was the stupidest point any court could have made.
14. From the testimony of Bharti it is clear that when she reached the flat and talked to Nupur the latter had not complained about the murder of her daughter and rather she told the maid that Hemraj might have gone to fetch milk from Mother Dairy after locking the door from outside. This lack of spontaneity is relevant under Section 8 of the Evidence Act.
14. From the testimony of Bharti it is clear that when she reached the flat and talked to Nupur the latter had not complained about the murder of her daughter and rather she told the maid that Hemraj might have gone to fetch milk from Mother Dairy after locking the door from outside. This lack of spontaneity is relevant under Section 8 of the Evidence Act.
For god's sake, at that point she had not seen Aarushi's body, she was just dealing with the maid.
I think the court has not heard of the Kachcha banyan gang, they have to shit on the floor of the house that they rob otherwise they don't get their orgasm. And maybe Hemraj and his friends stole the whisky from the concealed bar. If the Talwars had the whiskey being such good planners to have staged Aarushi's bed room and hide Hemraj, why would they not put the whiskey back in the concealed bar after wiping it clean.
15. The clothes of both the accused were not found soaked in blood. It is highly unnatural that parents of the deceased Aarushi did not cling to and hug her on seeing her murdered.
This is the strongest point in favor of the Talwars, if they killed Aarushi and then Hemraj, and slit their throats and dragged Hemraj's dead body 20 feet on the terrace to hide it, how is it possible that they did not have any blood on their clothes. (no they did not have different clothes, photos taken by Aarushi with her new camera show that the Talwars were wearing the same clothes the previous night).
Only this point should be enough to acquit the Talwars. And here the court is saying why they did not hug their child. Different people different shock absorbing mechanism dear court if you did not get it the first time.
16. No outsider(s) will dare to take Hemraj to the terrace in severely injured condition and thereafter look for a lock to be placed in the door of the terrace.
16. No outsider(s) will dare to take Hemraj to the terrace in severely injured condition and thereafter look for a lock to be placed in the door of the terrace.
Repeat of point number 3
17. It is not possible that an outsider(s) after committing the murders will muster courage to have Scotch whisky knowing that the parents of the deceased Aarushi are in the nearby room and his top priority will be to run away from the crime scene immediately.
17. It is not possible that an outsider(s) after committing the murders will muster courage to have Scotch whisky knowing that the parents of the deceased Aarushi are in the nearby room and his top priority will be to run away from the crime scene immediately.
I think the court has not heard of the Kachcha banyan gang, they have to shit on the floor of the house that they rob otherwise they don't get their orgasm. And maybe Hemraj and his friends stole the whisky from the concealed bar. If the Talwars had the whiskey being such good planners to have staged Aarushi's bed room and hide Hemraj, why would they not put the whiskey back in the concealed bar after wiping it clean.
18. A single person cannot take Hemraj’s body all the way up the stairs to the terrace.
What's the point here, who is the single person. Are they trying to accuse Nupur of helping Rajesh??
Hemraj was never killed in the house, as his blood is not found anywhere in the house, he was killed on the Terrace, no need of carrying the body.
19. The door of the terrace was never locked prior to the occurrence. It was found locked on the morning of May 16, 2008, and the accused did not give the key of the lock to the police despite being asked for the same.
19. The door of the terrace was never locked prior to the occurrence. It was found locked on the morning of May 16, 2008, and the accused did not give the key of the lock to the police despite being asked for the same.
The Talwars have stated that there was only one key to the Terrace which was in Hemraj's set of keys and those keys are missing. So what's the big deal here.
20. The accused have taken plea in the statements under Section 313 CrPC that about 8-10 days before the murders, painting of cluster had started and the navies used to take water from water tank placed on the terrace of the flat and then Hemraj had started locking the door of the terrace and the key of that lock remained with him. If it was so then it was not easily possible for an outsider to find out the key of the lock to the terrace door.
20. The accused have taken plea in the statements under Section 313 CrPC that about 8-10 days before the murders, painting of cluster had started and the navies used to take water from water tank placed on the terrace of the flat and then Hemraj had started locking the door of the terrace and the key of that lock remained with him. If it was so then it was not easily possible for an outsider to find out the key of the lock to the terrace door.
Finding the key is not an issue, yes locking the terrace door by itself is a big point against the Talwars which is already covered under point 3.
Not necessary. And what does it prove if it was latched or not latched.
22. The motive of the commission of the crime has been established.
21. If an outsider(s) committed the crime in question after locking the door of the terrace and had gone out of the flat then the outer most mesh door or middle mesh door must have been found latched from outside.
Not necessary. And what does it prove if it was latched or not latched.
22. The motive of the commission of the crime has been established.
Hemraj and Aarushi's affair cannot be proved any more as the doctor has given 2 different versions of reports. One saying the vagina was normal and in the testament later he implies that Aarushi was having sex. Legally speaking he cannot be trusted any more, and anything he says is meaningless now.
23. It is not possible that after commission of the crime, an outsider( s) will dress- up the crime scene.
23. It is not possible that after commission of the crime, an outsider( s) will dress- up the crime scene.
Yes this point makes sense, it was the wet patch under Aarushi's pelvic area that made a strong point against the Talwars even thought her clothes were not wet the area under her pelvic region was wet, indicating they cleaned her and then put on dry clothes on her.
(Got me thinking what happened to the original under wear and pajama she was wearing before the murder did the police check her camera for the clothes she was wearing before the murder and match them with the clothes after the murder. If all the photos show her upper body, maybe the Talwars deleted photos of Aarushi's pajamas as they had switched it)
24. Golf club no. 5 was thrown in the loft after the commission of the crime and the same was produced after many months by the accused Rajesh.
24. Golf club no. 5 was thrown in the loft after the commission of the crime and the same was produced after many months by the accused Rajesh.
Contradictory statement. It was hidden by Rajesh and one of the biggest proofs against him was produced by Rajesh himself.
The defence council proved it in court that the hair line fracture on Hemraj's skull could not have been caused by a golf club. Even though the main wound which had the shape of a U/V might have come from the golf club. (It might have come from something else as well)
25. Pattern of head and neck injuries of both the accused persons are almost similar in nature and can be caused by golf club and scalpel, respectively.
The defence council proved it in court that the hair line fracture on Hemraj's skull could not have been caused by a golf club. Even though the main wound which had the shape of a U/V might have come from the golf club. (It might have come from something else as well)
25. Pattern of head and neck injuries of both the accused persons are almost similar in nature and can be caused by golf club and scalpel, respectively.
It's not clinching evidence as the sentence itself says can be caused. And the defence again proved that for that size of a cut, the Talwars would need a scalpel size of No 10 which is not used by dentists but it's used by Surgeons
26. Accused Rajesh was a member of Noida Golf Club and golf clubs were produced by him before the CBI and scalpel is used by dentists and both the accused are dentists by profession.
26. Accused Rajesh was a member of Noida Golf Club and golf clubs were produced by him before the CBI and scalpel is used by dentists and both the accused are dentists by profession.
Repeat of point 25
Now that we have covered both the sides of the story what are we left with
Points against the Talwars
1.The wet patch below Aarushi's Pelvic area
2. Trying to hide Hemraj's body on the Terrace and locking of the Terrace door
Points in their favor
1. Their cloths did not have blood from Aarushi or Hemraj (changing of clothes under so much stress to deal with the bodies and then putting your original clothes back on is too unlikely under the circumstances)
2. On the Terrace the police found shoe print of size 8 and a finger print that did not match with the Talwars or Hemraj
Now can we convict or acquit them based on the above points, NO. That's why this is one of the best murder mysteries ever, no one can say with 100% surety that they are guilty nor the opposite can be said by any one. Who ever takes 1 of the sides would have doubts. So is there a way to be sure of any one side, guilty or innocent with 100% certainty. Yes there is a way out of this puzzle.
Every one is so focused on the night of the murder and the day after when Hemraj's body was found that they are forgetting about the next night, and it's the next night which might give us our first 100% certainty, beyond a reasonable doubt.
Let's assume the Talwars are the killers. They killed Hemraj and put his body on the Terrace and then they staged Aarushi's room, had some whiskey, hid Hemraj's keys etc and then it was too close to 6am and their car was parked in their in-laws garage, so there was no way for them to get rid of Hemraj's body that night, that's why they hid it with the plan that they would take care of it later. Now they are both doctors and they would know that his body would start decomposing very soon and they would have planned to get rid of the body the next night, after they have sent the police to Nepal.
No where could I find any thing on the 2nd night. All the police/cbi needs to do is to find out about the 2nd night. Normally in this kind of situation the close family members want to be with you, or they want to take you to their house for a sleep over, like the mother in-law would have insisted that they sleep in their house, or Rajesh's brother might have insisted that they let him sleep or to take them to their house. So what I want to find out is how much did they insist on being left alone, did they tell Umesh the driver to park the car near the building? Did they go to Hardwar with the driver or any one else, or they went all by themselves (very unlikely for some one to drive in this state of mind on Indian roads) Let's say after interviewing all the close relatives we find out the Talwars wanted to sleep in their in-laws or brothers house and they went there, then I would be 100% sure that they are not guilty, because with Hemraj's body lying on the Terrace there is no way the Talwars would sleep over in a relatives house, or let any one else sleep in their house. That would give me my first certainty in this case.
If they insisted a lot on being left alone or they drove to Hardwar without the driver, it does not give us a 100% guilty verdict, it's the different people react differently to stress kind of argument, and the puzzle remains where it is right now but it might lead to some more digging.
1.The wet patch below Aarushi's Pelvic area
2. Trying to hide Hemraj's body on the Terrace and locking of the Terrace door
Points in their favor
1. Their cloths did not have blood from Aarushi or Hemraj (changing of clothes under so much stress to deal with the bodies and then putting your original clothes back on is too unlikely under the circumstances)
2. On the Terrace the police found shoe print of size 8 and a finger print that did not match with the Talwars or Hemraj
Now can we convict or acquit them based on the above points, NO. That's why this is one of the best murder mysteries ever, no one can say with 100% surety that they are guilty nor the opposite can be said by any one. Who ever takes 1 of the sides would have doubts. So is there a way to be sure of any one side, guilty or innocent with 100% certainty. Yes there is a way out of this puzzle.
Every one is so focused on the night of the murder and the day after when Hemraj's body was found that they are forgetting about the next night, and it's the next night which might give us our first 100% certainty, beyond a reasonable doubt.
Let's assume the Talwars are the killers. They killed Hemraj and put his body on the Terrace and then they staged Aarushi's room, had some whiskey, hid Hemraj's keys etc and then it was too close to 6am and their car was parked in their in-laws garage, so there was no way for them to get rid of Hemraj's body that night, that's why they hid it with the plan that they would take care of it later. Now they are both doctors and they would know that his body would start decomposing very soon and they would have planned to get rid of the body the next night, after they have sent the police to Nepal.
No where could I find any thing on the 2nd night. All the police/cbi needs to do is to find out about the 2nd night. Normally in this kind of situation the close family members want to be with you, or they want to take you to their house for a sleep over, like the mother in-law would have insisted that they sleep in their house, or Rajesh's brother might have insisted that they let him sleep or to take them to their house. So what I want to find out is how much did they insist on being left alone, did they tell Umesh the driver to park the car near the building? Did they go to Hardwar with the driver or any one else, or they went all by themselves (very unlikely for some one to drive in this state of mind on Indian roads) Let's say after interviewing all the close relatives we find out the Talwars wanted to sleep in their in-laws or brothers house and they went there, then I would be 100% sure that they are not guilty, because with Hemraj's body lying on the Terrace there is no way the Talwars would sleep over in a relatives house, or let any one else sleep in their house. That would give me my first certainty in this case.
If they insisted a lot on being left alone or they drove to Hardwar without the driver, it does not give us a 100% guilty verdict, it's the different people react differently to stress kind of argument, and the puzzle remains where it is right now but it might lead to some more digging.
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