Arushi Talwar case – Certain unanswered question

Finally, the verdict in the Arushi Talwar case is out after five years but it has left certain unanswered questions and none can dispute the verdict at the moment. But the Talwars have the right to appeal before the higher court.
If one has minutely watched the proceedings of the CBI, police and the reports appearing in the media, then it must have raised number of questions relating to the working of the CBI and police system, ethics and non-ethics, relations between father-daughter, which would remain unanswered. We hardly see ups and downs in majority of the cases when there are strong arguments from prosecution and defense sides.
The special CBI court has given life term to Rajesh and Nupur Talwar after the duo had been convicted yesterday for killing their daughter Aarushi Talwar and domestic help Hemraj. The crime was such a heinous but it was not less than a professional assassinator by removing the evidence overnight so smartly that not only the investigating people got confused, whosoever was directly or indirectly involved too was uncertain.
Initially UP police found Dr. Rajesh Talwar as the prime suspect but failed to find any evidence substantiating their version. Then CBI was entrusted with the case and they presented a total different theory. The friend’s of Hemraj were considered prime suspect by the CBI initially. Even the Narco tests carried out. No doubt some confirmation came out but could not be established and the theory failed.
There was different turn of the case when another team of CBI started investigation but remained clueless and finally wanted closure of the case on the plea that they feel Talwar couples are suspects but there is no evidence. While, the Talwar family had tried to present their case, in scientific way, when the CBI, has stressed on the forensic tests and circumstances.
Talwar family had played a typical role and had not bothered to kill their daughter or any other person and horrifying picture has been presented before the society by the educated family.
On the one hand, the incident has highlighted the crisis and misfortune of the society and at the same time, it has put a big question mark on our system. In fact, at the initial stage, negligence has been shown at the initial investigations as the Noida police was negligence in collecting the evidence on the spot. Even the dead body of Hem Raj could not be found during the search of the house. CBI too had not seriously investigated the matter and once closed the file. It is the court who reopened the file.
In the absence of forensic or material evidence, the judge accepted the CBI’s “last-seen theory” which holds that the victims were last seen with the Talwars. When Aarushi was found dead, the police blamed Hemraj, who was missing. But his decomposing body was found on the roof a day later. Mr Talwar spent two months in jail before the CBI said it had no evidence against him.
Then, his dental assistant and two other domestic helpers — Hemraj’s friends – were arrested, but they were freed for lack of evidence. The botched probe — police failed to seal the crime scene or find Hemraj’s for over 24 hours — prompted investigators to close the case in 2010.
In the mean time Talwars too complained that CBI was not serious to find the real culprit. On this, the courts rejected the closure report of Arushi case and CBI had to reinvestigate into the case. The CBI made a very simple theory that there were four persons in the house and two killed and the remaining two are guilty.
With this theory they built circumstantial evidences and then prosecuted so well that Talwars are judged guilty. We cannot criticize the court’s verdict because he is the final authority to give judgment on the basis of evidence presented in the court and arguments of prosecution and defendant sides. The judgment is thus based purely on the understanding of the judge. One thing is clear, in the eyes of law, the judgment can be challenged in an upper court but cannot be criticized.
At the same time, certain questions remain unanswered.
Is it possible that a couple, who bought a camera for their kid in the evening, commit such heinous murder in the night?
Let us presume that both are devils, but what about the relatives, friends and other society members who know Talwars? They still believe that Talwars had been punished for the crime they didn’t commit.
Why people who know them still believe that they are innocent?
Was there not negligence in performing their role during investigation by CBI and police?
Now Talwars have been held guilty! Nupur and Rajesh Talwar have been sentenced to life in prison by a court in Uttar Pradesh for the twin murders of their daughter Aarushi and their domestic help Hemraj Banjade in 2008.
If the Talwars are really guilty let them be hanged. But just imagine, if they are innocent, then after losing their only kid what a hell of life they are leaving since last five and a half years and counting.
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