Ghaziabad:
Judge Shyam Lal has found Nupur and Rajesh Talwar guilty of murdering their teen daughter Aarushi and their domestic help Hemraj at their home near Dehi in 2008. Today, the judge sentenced the dentist couple to life in prison. (
Read full text of judge's written order here)
Here are some excerpts from the written order :
- Of course, there is no direct evidence in this case but as discussed above it is clear that the prosecution has placed a clinching wealth of circumstances from which the guilt of both the accused has been made out to the extent human instruments can apprehend.
- Had both the deceased been murdered by an outsider then hearing of the screeches of victims may have certainly awakened the accused persons even if they could be in deep slumber in the adjoining room and the air-conditioner of their room was on as sound travels with more intensity in the night.
- The accused Dr. Rajesh Talwar has admitted at page no. 2 of his written statement under section 313 Cr.P.C. that he and his wife have been brought up in a very liberal atmosphere with modern outlook and at page 3 he has stated that he takes alcohol at parties. However, at page no. 4 of his written statement he has stated that whisky bottle should have been ordinarily in the cabinet. This answer itself suggests that Dr. Rajesh Talwar is fond of liquor and he used to take liquor in his flat as he himself has admitted that whisky bottle must have been in the cabinet and not in the dining table and therefore, there is every possibility that whisky was taken by the accused Dr. Rajesh Talwar. It is also possible that whisky bottle might have been lifted after wearing gloves. It is also possible that Sula wine may have also been taken by the accused when he was extremely and intensely in tension after committing the crime or it was partly made empty to show that Hemraj and his friends had consumed the liquor. It is not the case of the accused that Hemraj used to take wine or liquor.
- That the clothes of both the accused were not found soaked with the blood. It is highly unnatural that parents of deceased Ms. Aarushi will not cling to and hug her on seeing her murdered...
- It is a matter of common knowledge that many a murders have been committed without any known or prominent motive. Mere fact that prosecution has failed to translate that mental disposition of the accused into evidence does not mean that no such mental condition existed in the mind of the assailant.
- A criminal court could be convinced of the guilt only beyond the range of a reasonable doubt. Of course, the expression "reasonable doubt" is incapable of definition. Modern thinking is in favour of the view that proof beyond a reasonable doubt is the same as proof which affords moral certainty to the judge.