New Delhi: The Allahabad High Court, in its judgment acquitting Rajesh and Nupur Talwar of killing their daughter Aarushi and domestic help Hemraj, demolished the CBI's theory that Rajesh killed the two when he caught them in a sexual act.
CBI’s theory held that Rajesh’s motive for the murders was he lost control on seeing his his 14-year-old daughter and Hemraj in a compromising position and killed them in a fit of rage.
But the division bench in HC trashed this theory, noting the CBI had no credible evidence to support this proposition as the "motive" of the double murder.
"We have no hesitation in holding that the prosecution has failed to prove by any reliable or cogent evidence, the motive suggested by the prosecution for the appellants to commit the double murder i.e. the deceased being caught in the midst of a sexual act on the fateful night by Dr. Rajesh Talwar who suddenly got so gravely provoked that he committed their murder," held the HC.
Analysing various medical and forensic evidence brought on record by the CBI, the bench said that there was not even one piece of unimpeachable evidence to show that Rajesh killed the two in a state of grave and sudden provocation after he saw Aarushi and Hemraj together in her bedroom.
"It is crystal clear that evidence for the purpose of believing that she was subjected to any sexual intercourse or any fiddling or manipulating with her vaginal cavity was done after her murder does not inspire confidence and no credibility can be attached to the same," noted the court.
Lending credence to a body of Supreme Court judgments, the HC pointed out that the CBI's case against the dentist couple was based completely on circumstantial evidence and hence, "motive assumes considerable significance".
It is settled law that in a case based upon circumstantial evidence the prosecution has to prove the motive, said the HC, finally ruling that the prosecution has failed to do so completely.
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