The order delivered by the Hon’ble Allahabad High Court on the Aarushi-Hemraj double murder case, is one that bears an imprint of a psychological bend which faces our society and its office bearers.
The fateful incident occurred on the intervening night of 15/16th of May, 2008 when the accused, Dr. Rajesh Talwar and his wife Nupur Talwar were out leaving behind their daughter under the watch of their trusted servant, Hemraj.
The case grabbed a lot of limelight and to such a serious extent that their was a movie also made on this murder.
The CBI Judge, Ghaziabad held the Talwar couple guilty for the murder of their own daughter and their domestic help Hemraj. The sole foundation of this judgement remained that the deceased were found in a compromising position, thereby leaving the father, Dr. Talwar with only one option but to kill both of them in the bedroom of their daughter.
Unfortunately, country’s top crime investigation agency CBI, restricted its investigation only to this premise that a girl was left alone in her house by her parents and the duo used the opportunity to satisfy their carnal desires.
This was amply evidenced by the CBI by constructing a chain of events which was not to an unbreakable chain. The event as constructed by the CBI does not coincide with the one as narrated by the Uttar Pradesh Police.
The evidence led by the CBI, and the statements given by the neighbours as to what transpired in L-32, Jalvayu Vihar, Noida on the 16/15.03.08, is not indicative of the fact that the Talwar couple was anyway involved in the murders.
The CBI’s charges were never backed by the polygraph test that a broken father had to go through, and the evidence on record narrated the presence of outsiders in the house. The reports of the pathology suggested no sexual assault or rape, which simply led to our detectives to believe the story of compromising position.
This story lacked any strength as it was evident from the record found that there were others too in the house and specifically not the parents of Aarushi.
The results of the lie detector, brain-mapping, Narco-analysis and Polygraph tests to which Krishna (Dr. Talwar’s clinic employee) was subjected in AIIMS, New Delhi and Forensic Laboratory, Bangalore hinted at the presence of Rajkumar and Vijay Mandal along with Krishna in the house
of Talwars on the night of the incident.
This fact also coupled with the articles recovered from Krishna’s possession included a ‘Khukri’ stained in blood.
The possible crime when enacted did not make any suggestions that the CBI claimed. The evidence again which led the prosecution to believe that there must have been something not good, was a farce. The body of Hemraj was recovered from the terrace of the Talwar’s after one day and half from the incident. Prior to this, Hemraj was the one to be accused of the murder.
The CBI did not accord any ear to the fact that there must have been other reasons or motives behind a death of a girl and her servant. The High Court since has acquitted the Talwar couple, who donated their earnings from the jail to the inmates and have left to Punjab.
The CBI this one time has not done a good job, the CBI must have gone out of the chauvinistic and narrow definitions which not always shroud the crime scene. The CBI did not even prove an unbreakable chain of events and the Talwar couple got the benefit of doubt.
The mystery as to who and why committed the murder still remains unsolved, and the over publicised life of the couple may never get better. Aarushi and Hemraj have not met their share of justice yet.
The acquittal though a sigh of relief for the Talwar’s but comes with a 9 year-long battle, which may consume the next years of their lives to come to peace with their plight.
This author believes that the CBI must conduct a fresh probe and the Talwar’s must not be disturbed this one time, unless there is something other than maligning their daughter’s image and dignity after her unfortunate demise.