HC comes down heavily on trial court judge in Aarushi case

File image of Rajesh Talwar Nupur Talwar and Aarushi Talwar

The High Court had on Thursday acquitted the Talwars in the murder of Aarushi in 2008. The poor can not expect justice", said one.Another said, " Hemraj 's relatives should challenge the acquittal at the Supreme Court."At the Parsvnath Mall at Sector 27, where the Talwars ran their dental clinic, the shopkeepers supported the acquittal."They have suffered too much due to their daughter's murder.

In his comments in the judgement, Justice Arvind Kumar Mishra of the Allahabad high court said that some reflection were needed on the style and approach of the trial Judge who convicted and sentence the Talwar couple.

"Suspicion, however, grave it may be, cannot take the place of proof", the Allahabad high court said while acquitting Rajesh Talwar and Nupur Talwar in the murder of their daughter Aarushi and servant Hemraj.

In 2013, the court convicted Aarushi's parents and sentenced the couple to life imprisonment. A copy of the written judgement was uploaded on the court website on Friday.

The judgement went on say "It can by no means be denied that the trial judge, perhaps out of extra zeal and enthusiasm and on the basis of self perception adopted partial and parochial approach in giving vent to his own emotional belief and conviction and thus tried to give concrete shape to his own imagination stripped of just evaluation of evidence and facts of this case".

"That way, the learned trial Judge, by dint of fallacious analogy and reasoning, surprisingly assumed fictional animation of the incident as to what actually took place inside and outside the Flat L32 Jalvayu Vihar".

Fourteen-year-old Aarushi was found dead inside her room with her throat slit in May 2008. "Indian Medical Association president Dr K K Aggarwal simply said, "The Talwars got justice".

A division bench comprising justices B K Narayana and A K Mishra allowed the appeals of the Talwars, holding that neither the circumstances nor the evidence on record established a chain showing their involvement in the murders of Aarushi and Hemraj. Justice Mishra said it was apparent that the trial judge was "unmindful" of the basic tenets of law and its applicability, and had "failed" to properly appraise facts and evaluate evidence.

As per legal procedures, a signed copy of the court's judgment, which proves the Talwars' innocence, should be hand-delivered to the jail officials, before they are authorized to release them.

The needle of suspicion had initially moved towards 45- year-old Hemraj, who had gone missing but his body was recovered from the terrace of the house two days later.

Based mostly on circumstantial evidence, the parents of Aarushi, Rajesh and Nupur Talwar were accused of the double murders.



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