The Hush Post: In a latest in Aarushi Talwar-Hemraj murder case, CBI has argued that the Allahabad High Court failed to appreciate critical circumstantial evidence including nature of injuries internet router activity, sound simulation test, and the testimonies of two friends of Talwars – Dr Rohit Kochhar and Dr Rajiv Varshney and their domestic help Bharti which establish the guilt of the dentist couple.
Standing by its theory that Dr Rajesh Talwar killed his daughter Aarushi and domestic help Hemraj at Jalvayu Vihar residence in Noida in May 2008, CBI has claimed in its appeal in the Supreme Court that “burden of proof” is with the Talwars.
Earlier, a bench of Justices B K Narayana and A K Mishra had acquitted Rajesh and Nupur Talwar on October 12, 2017 debunking CBI’s evidence, stating that it had tutored the witnesses.
Contesting HC’s observations, CBI argued that Bharti’s testimony proves that there were only four people in the house that particular night. When she reached the house next morning, the main door was latched and she couldn’t get in. Subsequently, a security guard of Jalvayu Vihar Virender Singh claimed that he didn’t see anyone suspicious going in or out that night.
“When no outsider entered the house, the burden of proof about their activity shifts to Talwars according to section 106 of the Indian evidence act. The HC didn’t give credence to this particular aspect,” said a CBI officer, quoting details of appeal.
The High Court, CBI adds, also failed to appreciate the evidence of Kochhar and Varshney, who told Rajesh Talwar about the blood stains on the stairs leading to the terrace and asked for the key, but were ignored. The agency has also contested HC’s observation that witness Sanjay Chauhan, the then staff officer of the district magistrate of Noida, was a “planted witness.”