Mystery stays

On May 16, 2008, 14-year-old Aarushi, the only child of Rajesh and Nupur Talwar, is found murdered at their home in Noida. Since their domestic help Hemraj is found to be missing, the finger of suspicion is pointed at him. The case comes under media glare as his slain body is found on the terrace the next day. It shows shoddy investigation: the absence of a thorough check of the spot of the crime and the hurry in presuming the murderer, which give the accused time to destroy evidence and affect the trial down the line. In the absence of any other evidences in the Talwars’ house that fateful day, the doctor parents of the dead teenaged girl become the prime suspects. Main reasons: surgical precision of the cut in the girl’s throat and no forced entry in the house. In December 2008, failing to find irrefutable evidence, the CBI submits a closure report, but points a finger at the Talwars. This leads to a four-year trial by the special CBI court which, in November 2013, on the basis of circumstantial evidence convicts Rajesh and Nupur of the double murder and sentences them to life imprisonment. Another four years later, on Thursday, the Allahabad High Court overturns the trial court’s verdict and acquits the parents, giving them the benefit of the doubt since there are some missing links in the prosecution story.

Suspicion, however grave, cannot take the place of proof, says the court. Now, the HC verdict does correct miscarriage of justice by honouring the basic concept of jurisprudence of letting 100 guilty persons free than having one innocent punished. But how will it correct the wrong done to the parents who have undergone the ordeal for nine long years? Admitted, they have still not got a totally clean chit. The loss of their child as also the loss of their face in society in all these years are indelible.

Plus, there is that niggling point of Aarushi and Hemraj having been denied justice. The investigating agencies have not redeemed themselves. Ideas of fair trial, justice and honour take a hit. Not a great day for a society aspiring for a lawful status.