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On October 12, while absolution Rajesh and Nupur Talwar for the May 2008 annihilation of their babe Aarushi, the Allahabad High Cloister said the “chain of circumstances” which led to their arrest “stood airtight the moment” the CBI bootless to prove that the family’s L-32 collapsed in Noida’s Jalvayu Vihar had been bound from central aback Bharati Mandal, the family’s calm advice and CBI’s key witness, rang the aperture alarm in the morning. This, the bank concluded, suggests a “strong achievability of outsiders accepting accessed” the collapsed and abrogation afterwards committing the bifold annihilation — of Aarushi and the Talwars’ full-time help, Hemraj — on the amid night of May 15-16, 2008.

The CBI case and the 2013 acumen by the Ghaziabad balloon court, which bedevilled the dentist couple, had relied heavily on the approach that there was no achievability of there actuality any outsiders in the collapsed on the night of the murder. The HC, however, went on to attending at “key evidence”, which the CBI had filed in the Ghaziabad balloon court, to acquisition holes in the agency’s case adjoin the Talwars.

The amethyst pillow cover

On June 14, 2008, the Noida Police, led by investigating administrator Vijay Kumar and agent administrator of badge R S Kuru, had raided the assistant division of Collapsed No L-14 in Noida’s Jalvayu Vihar, area Rajesh Talwar’s compounder Krishna Thadarai stayed, and bedeviled a amethyst pillow cover, forth with a khukri. The pillow awning was again beatific to the CBI’s Central Argumentative Science Class in New Delhi and to the Centre for DNA Fingerprinting and Diagnostics (CDFD), Hyderabad. The CDFD, in its address submitted on November 6, 2008, recorded the attendance of Hemraj’s DNA on the amethyst pillow cover.

This, the HC said, was a “clinching allotment of evidence” that adumbrated that Krishna was present in the collapsed aback Hemraj was murdered. “Hemraj claret got arresting on the beard of Krishna which in about-face got arresting on his amethyst colour pillow awning which was absolutely bedeviled from Krishna’s premises,” the cloister noted.The CBI had arrested Krishna, 34, a ages afterwards the murder, but he was appear afterwards the CBI filed a cease address in December 2010, citation “insufficient evidence” .

In the lower court, the CBI had argued that the CDFD had committed a “typographical error” by adage the amethyst pillow was Krishna’s, aback in fact, it was Hemraj’s. The HC abandoned this argument, instead pointing out that the “case accepting register”, in which exhibits accustomed by the CDFD and CFSL are entered — article which “would accept helped” the cloister adjudge as to whether a typographical aberration had occurred — was never “seized nor produced afore the balloon court, for affidavit best accepted to the CBI”.

On March 24, 2011, three years afterwards it submitted its report, CDFD issued a “clarificatory letter”, on the appeal of AGL Kaul, the aftermost Investigation Administrator in the case, advertence that a “mistake had crept into the report”. The HC acicular out that Kaul had himself gone to the CDFD, appointment on March 17, 2011, “a cryptic” and “clearly ‘suggestive’” letter in which he said that “due to a typographical error, the description of the exhibits… accept got interchanged”.

The HC said the “tenor of letter” and the consistent description from the CDFD puts “a austere adumbration of doubt”.

Two photographs

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The Talwars had argued afore the HC that the pillow awning that the CBI bedeviled from Krishna’s allowance was “tampered”. In abutment of their argument, the brace produced two photographs captured by the CBI — one of the pillow and the pillow awning bedeviled from Hemraj’s room, and the added of the amethyst pillow awning bedeviled from Krishna’s room. The CBI didn’t put these photographs on almanac as affirmation afore the balloon court. This, in animosity of the bureau filing these photos to the Supreme Cloister as a counter-affidavit during a audition of a analysis address apropos to the “typographical error” in the CDFD report.

The HC went on to analyze these two sets of photos — from aback the exhibits were opened in the balloon cloister and the photos submitted to the Supreme Cloister — and begin there were several things that didn’t add up.What makes the photographs a key allotment of evidence, the bank notes, is the affidavit of Dr B K Mahapatra, the arch of administration of Biology at CFSL (CBI), that aback the “packets absolute pillow and pillow awning bedeviled from the allowance of Hemraj (were) opened afore the balloon court, it was begin to accept been tampered.”

When the white packet absolute the pillow and pillow awning from Hemraj’s allowance and the amethyst pillow awning from Krishna’s allowance was opened in the balloon court, it had “CFSL 2009/E 1025” accounting on it. But the photographs filed afore the Supreme Cloister said: “CFSL 2010/E 1025”. Besides, there was one missing detail in the photograph filed in the acme court: the words “Sl No.10”.

The High Cloister additionally acicular out that the class at CDFD was the aftermost to appraise the exhibits and that they should accept had CDFD’s seal. However, the bank said, annal appearance that the exhibits “were in an accessible condition”.

Bottles, ‘depression’ on the bed

The 2013 acumen had said that there was “nothing to appearance that an outsider(s) came central the house… afterwards 9.30 pm”. While agitation this, the HC acicular to three specific pieces of the addle — which had been put on almanac afore the balloon cloister — that showed the “possibility of attendance of added persons.” One, the bottles recovered from Hemraj’s room: a Sula wine canteen that was quarter-filled, an abandoned canteen of Kingfisher beer, a blooming canteen with “some baptize material”.

Mahapatra of CFSL had deposed afore the balloon cloister that bloodstains were detected on the bottles. He additionally told the lower cloister that the Kingfisher beer canteen had generated a “partial macho DNA profile” that akin the argumentative affirmation extracted from a “cotton cilia bedeviled from the appropriate ancillary of the aperture of the terrace” and “bloodstained approach book extracted from the alien bank of the terrace.” These didn’t bout the Talwars’ DNA.Two, the HC acicular to the affidavit of Suresh Kumar Singla, the serologist, who in his address empiric that the “human blood” on Hemraj’s bed sheet, his pillow and pillow cover, and the blood-soaked handprint on the bank of the terrace were of the “AB” claret accumulation — neither Rajesh’s nor Nupur’s.

Three, the HC has acicular to the contradictions in the statements recorded by KK Gautam, the again Noida DSP who had carefully advised Hemraj’s room. In his antecedent account beneath Section 161 of the CrPC, he had declared that “three persons” ability accept sat on the bed “because of some abasement on the mattress”. Further the toilet, he said, had “appeared…very bedraggled and was not flushed”, advertence that assorted bodies had acclimated it. But while deposing in the balloon court, Gautam denied accepting said so.

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“Thus in appearance of the affidavit of Dr B K Mahapatra, Suresh Kumar Singla and appropriately accepted contradictions in the affirmation of K K Gautam, the achievability of attendance of added bodies and the outsiders besides Hemraj accepting accessed the (Talwars’) apartment… cannot be disqualified out,” the HC said.

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Hemraj’s buzz alive in Punjab

Around 6 am on May 17, the day Aarushi was begin murdered, a alarm went out from the landline at the Talwar abode to Hemraj’s adaptable phone. In its final report, the CBI said the buzz rang and the area was traced to Punjab but, as the HC notes, the bureau did not abode any “evidence in abutment of the above assertion.”The HC acicular out that the “fact that Hemraj buzz was alive on 16.5.2008 and was in control of addition abroad is addition actual able circumstance” that indicates that “someone had entered the abode of the appellants (on) the night of the adventure and, afterwards committing the bifold murder, had taken abroad the corpuscle buzz of Hemraj…”

Hemraj’s claret on pillow

The motive for the Talwars to allegedly accomplish the murders, according to the CBI, is “grave and abrupt provocation” afterwards they allegedly begin their calm advice Hemraj in a compromising position with their babe in her bedroom. To aback this position, the case had claimed that Hemraj’s claret was present on Aarushi’s pillow.

The cloister has said that Dr M S Dahiya, again administrator of the Institute of Argumentative Science, Gujarat, had said in the abomination arena address he able that the “blood of Hemraj was begin on pillow recovered from Aarushi’s bedroom”. The cloister said Dahiya had based his address absolutely on “his claimed analysis” and the “incorrect advice supplied to him” by Investigating Administrator Kaul.

The HC acicular to Mahapatra’s affidavit afore the balloon court, which states that on June 1, 2008, the CBI bedeviled the “pillow forth with cover” and that it “was absolutely bedeviled from Hemraj’s room”, and that it was Administrator of Badge R S Dhankar, who in his forwarding letter, “erroneously declared that the… pillow and pillow awning were recovered from Aarushi’s bedroom.”

Also, the HC credibility out that the June 19 report, 2008, address of the Biology Division, CFSL, said that “DNA of Aarushi abandoned was begin on (her) pillow, allotment of mattress and bedsheet bedeviled from her room…”

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Blood on the stairs

To aback their case adjoin the Talwars, the CBI had relied on their “post-crime conduct” — that, afterwards killing Hemraj, they allegedly captivated his anatomy in a bedsheet and abject it up the stairs to the terrace. Later, the CBI alleged, the brace wiped the bloodstains on the stairs. The HC, however, said the “dripping bloodstains” on the stairs are of aback badge brought bottomward Hemraj’s anatomy from the terrace.

The cloister said calm advice Bharti Mandal, aboriginal IO Datta Ram Naunaria, SP Mahesh Kumar Mishra, and Chuuni Lal, who had taken photographs of the abomination scene, had not noticed “any bloodstains on the stairs or on the balustrade or on the attic of the collapsed or the terrace aperture or any marks of wiped out claret or claret blood-soaked footprint”.To aback their ‘blood-on-the-stairs’ theory, the CBI had alleged Sanjay Chauhan, an official in the appointment of the Gautam Budh Nagar District Magistrate, and two neighbours of the Talwars — Dr Rajeev Kumar Varshney and Dr Rohit Kochar — as assemblage who had ‘seen’ the bloodstains. The bureau had additionally said that ASP Akhilesh Kumar was present aback they saw the bloodstains and that they recorded their account afore delving administrator Yatish Chand Sharma. The HC acclaimed that neither of these admiral were alleged to depose in the balloon court.

The HC additionally said it was aberrant that IO Kaul had got the statements of Varshney and Kochar recorded afore the city cloister at Karkardooma, New Delhi, and not afore the Chief Judicial Magistrate, Ghaziabad, who “alone had administration in the matter”.

The case of the FIR

The CBI had claimed that Rajesh Talwar had “deliberately” lodged a apocryphal FIR adjoin Hemraj and “misdirected the Noida Police”. In his account to the CBI, the HC notes, the aboriginal IO Datta Ram Naunaria had said that at 7.10 am on May 16, 2008, Rajesh Talwar had appear bottomward to the Noida Sector 20 Badge Base to abode the FIR.The HC has now acicular to IO Naunaria’s account afore the balloon court, in which he said he hadn’t apparent Dr Talwar at the badge station. The HC said, “…it is accustomed that the FIR… was scribed by Dr Rajesh Talwar at his flat… which was afterwards lodged at badge base by SHO Datta Ram Naunaria afterwards 7:30 am”. That is, Rajesh Talwar didn’t go to the badge base to book an FIR.

With inputs from Aditi Vatsa

For all the latest India News, download Indian Express App

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