A special CBI court here Thursday charged dentist couple Rajesh Talwar and Nupur Talwar with the murders of their daughter Aarushi and domestic help Hemraj in 2008. The two now plan to challenge the decision in a higher court.
Special Central Bureau of Investigation (CBI) Judge S. Lal ruled that Nupur Talwar and Rajesh Talwar were charged with the crime under Indian Penal Code (IPC) sections 302/34 (murder with common intention) and 201/34 (destruction of evidence with common intention).
Rajesh Talwar was also charged under IPC sections 203/34 (misleading police about the crime with common intention).
After noting the arguments of the defence and the prosecution, the judge said that prima facie in the light of the evidence "it is a fit case to frame charges against the parents of Aarushi and employers of domestic help Hemraj. So at this stage the accused persons cannot be discharged".
After pronouncing the operative part of the six-page order, the judge adjourned the court to frame the charges against the dentist couple Friday.
Earlier, during the arguments, CBI prosecutor R.K. Saini contended before the court that the parents were the killers of their daughter.
To cover up their crime, they had "dressed up" the crime scene, he said and requested the court to frame charges against them.
Opposing the CBI argument, defence lawyer Manoj Sisodia submitted that the evidences produced by the CBI were irrelevant. The submission of the closure report itself was the evidence that there was no evidence against the Talwars, he said.
Most importantly, he said, all the scientific tests conducted by the CBI went against the agency.
Hence, the CBI had failed to prove the crime, counsel said.
To buttress defence arguments, the lawyer demonstrated the action using a golf stick, reiterating that the club could not be used as a weapon in Aarushi Talwar's small room.
Neither direct nor circumstantial evidence supported the CBI argument to frame the charges, said defence counsel, adding that the Talwars be discharged.
Talking about the future strategy of the Talwars, Sisodia told reporters after the hearing: "We have applied for a copy of the order. After seeing the contents minutely we may file a revision or may challenge the order in a higher court."
Aarushi, 14, was found murdered at her parents' Noida residence May 16, 2008. The body of Hemraj was found the next day on the terrace of the house.