Presence of outsider in Talwars'' flat cannot be ruled out: HC

Allahabad, October 13

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The Allahabad High Court has said that the possibility of presence of outsiders and persons other than domestic help Hemraj in the Noida residence of the Talwars could not be ruled on the fateful night Aarushi Talwar was murdered.

On the basis of the record and statements of witnesses, justices BK Narayana and AK Mishra said a clear and credible evidence of alternative hypothesis available on record substantially demolished the prosecution's theory that the crime was committed by the 14-year-old’s parents Nupur and Rajesh Talwar by themselves.

Allowing the appeals of the duo against the November 28, 2013, CBI court judgement, the judges said this was so as there was "no proof" of any outsider having access to the apartment.

The court acquitted the couple — both dentists — on Thursday saying that there were contradictions in the evidence adduced. The judgement was uploaded on the court website on Friday.

The Talwars had filed appeals in the high court against trial court order sentencing them to life for the murders of Aarushi and 45-year-old domestic help Hemraj in May 2008.

Aarushi was found death on May 16 morning, and the body of Hemraj was located on the terrace of the Talwar residence the next day.

The court said a call was made from the landline phone of the appellants installed in their flat L32 in a Noida apartment on Hemraj's mobile phone number at about 6 am on May 16.

"The possibility of the presence of other persons and the outsiders besides Hemraj having accessed to the apartment on the fateful night cannot be ruled out and the clear and credible evidence of alternative hypothesis available on record substantially demolishes the prosecution's theory that the crime was committed by the appellants alone as there was no proof of any outsiders having accessed...the apartment," it said.

The court said although the investigating authority had claimed in its final report that Hemraj's phone was active in Punjab, it did not place any evidence in support of this assertion.

"The fact that Hemraj's phone was active on 16.5.2008 and was in possession of someone else is another very strong circumstance which strongly indicates that someone had entered into the house of the appellants in the night of the incident and after committing the double murder had taken away the cell phone of Hemraj otherwise there is no explanation for the Hemraj's cell phone responding and being picked up by someone upon a landline call being from the landline of L-32 although at that time Hemraj was lying dead on the terrace of the appellant 's flat," it added. PTI