Aarushi case live: Rajesh, Nupur Talwar get life imprisonment

We track the latest developments as a CBI court is set to give its verdict in the controversial Aarushi Talwar-Hemraj double murder case.

Arun George November 26, 2013 20:21:52 IST
Aarushi case live: Rajesh, Nupur Talwar get life imprisonment

8.15 pm: 26 reasons the court gave for convicting the Talwars

Of course there is no direct evidence but CBI has placed a "clinching wealth of circumstances" from which the guilt of Rajesh Talwar and his wife Nupur has been made out for murdering their daughter Aarushi and domestic help Hemraj, judge Shyam Lal said while outlining 26 reasons for sentencing the couple to rigorous life imprisonment.

"From the evidence as tendered by the prosecution in form of oral and documentary evidence this court reaches to the irresistible and impeccable conclusion that only the accused persons are responsible for committing this ghastly crime as the following circumstances unerringly point towards the hypothesis of guilt of the accused," the 210-page order said. while pointing out 26 circumstances leading to the conviction.

1. That irrefragably on the fateful nights of 15 and 16 May, 2008 both the accused were last seen with both the deceased in Flat No L-32, Jalvayu Vihar at about 9.30 pm by Umesh Sharma, the driver of Rajesh Talwar.

2. That on the morning of 16 May, 2008 at about 6.00 am Aarushi was found murdered in her bed-room which was adjacent to the bedroom of the accused and there was only partition wall between two bed-rooms;

3. That the dead body of the servant Hemraj was found lying in the pool of blood on the terrace of flat no L-32, Jalvayu Vihar on 15 and 16 May, 2008 and the door of terrace was found locked from inside;

4. That there is a close proximity between the point of time when both the accused and the deceased persons were last seen together alive and the deceased were murdered in the intervening night of 15 and 16 May, 2008 and as such the time is so small that possibility of any other person(s) other than the accused being the authors of the crime becomes impossible;

5. That the door of Aarushi's bed-room was fitted with automatic click-shut lock. Mahesh Kumar Mishra, the then SP (City), NOIDA has deposed that when he talked to Rajesh Talwar
on 16 May, 2008 in the morning, he had told him that in the preceding night at about 11.30 pm he had gone to sleep with the key after locking the door of Aarushi's bed-room from outside. Both the accused have admitted that door of Aarushi's bed-room was having automatic-clickshut lock like that of a hotel, which could not be opened from outside without key but could be opened from inside without key. No explanation has been offered by the accused as to how the lock of Aarushi's room was opened and by whom.

6. That the internet remained active in the night of the gory incident suggesting that at least one of the accused remained awake;

7. That there is nothing to show that an outsider(s) came inside the house in the said night after 9.30 pm.

8. That there was no disruption in the supply of electricity in that night.

9. That no person was seen loitering near the flats in suspicious circumstances during that night.

10. That there is no evidence of forcible entry of any outsider(s) in the flat in the night of occurrence.

11. That there is no evidence of any larcenous act in the flat.

12. That in the morning of 16 May, 2008 when the maid came to the flat for the purpose of cleaning and mopping, a false pretext was made by Nupur Talwar that door might have been locked from outside by the servant Hemraj although it was not locked or latched from outside.

13. That the house maid Bharti Mandal has nowhere stated that when she came inside the flat both the accused were found weeping.

14. That from the testimony of Bharti Mandal it is manifestly clear that when she reached the flat and talked to Nupur Talwar then at that time she had not complained about the murder of her daughter and rather she told the maid deliberately that Hemraj might have gone to fetch milk from Mother dairy after locking the wooden door from outside. This lack of spontaneity is relevant under section 8 of the
Evidence Act.

15. That the clothes of both the accused were not found soaked with blood. It is highly unnatural that parents of deceased Aarushi will not cling to and hug her on seeing her murdered.

16. That no outsider(s) will dare to take Hemraj to the terrace in severely injured condition and thereafter search out a lock to be placed in the door of the terrace.

17. That it is not possible that an outsider(s) after committing the murders will muster courage to take Scotch whisky knowing that the parents of the deceased Aarushi are in the nearby room and his top priority will be to run away from the crime scene immediately.

18. That no outsider(s) will bother to take the body of Hemraj to the terrace. Moreover, a single person cannot take the body to the terrace.

19. That the door of the terrace was never locked prior to the occurrence but it was found locked in the morning of 16 May, 2008 and the accused did not give the key of the lock to the police despite being asked to give the same.

20. That the accused have taken plea in the statements under section 313 CrPC that about 8-10 days before the occurrence painting of cluster had started and the navvies used to take water from water tank placed on the terrace of the flat and then Hemraj had started locking the door of the terrace and the key of that lock remained with him. If it was so then it was not easily possible for an outsider to find out the key of the lock of terrace door.

21. That if an outsider(s) may have committed the crime in question after locking the door of terrace and had gone out of the flat then the outer most mesh door or middle mesh door must have been found latched from outside.

22. That the motive of commission of the crime has been established.

23. That it is not possible that after commission of the crime an outsider(s) will dress-up the crime scene.

24. That golf-club no 5 was thrown in the loft after commission of the crime and the same was produced after many months by the accused Rajesh Talwar.

25. That pattern of head and neck injuries of both the accused persons are almost similar in nature and can be caused by golf-club and scalpel respectively.

26. That the accused Rajesh Talwar was a member of the Golf-Club NOIDA and golfclubs were produced by him before the CBI and scalpel is used by the dentists and both the accused are dentists by profession.

"The manner in which the murders were committed is not the handiwork of single accused and rather the murders were committed and evidence destroyed by both the accused in furtherance of their common intention which is apparent from the facts and circumstances" mentioned, the judge said.

4.59 pm: 'Travesty of justice," says Talwar's family friend

"Travesty of justice, should not have to choose between life sentence and death sentence," says Masooma Jha, Talwars' family friend following the sentencing.

Talwars will appeal to a higher court now.

"Whatever has happened is extremely tragic," Jha said. She said that there has been misinterpretation of facts.

4.30 pm: Fight breaks out outside court

A fight between two groups of lawyers have broken out outside the Ghaziabad court. Some of the lawyers reportedly attacked Naresh Yadav, Hemraj's lawyer. The lawyers complain that Yadav has received too much publicity in the case.

4.20 pm: Talwars sentenced to life

Dr Rajesh and Nupur Talwar have been sentenced to life imprisonment for killing their 14-year-old daughter Aarushi and domestic help Hemraj Banjade. The special Central Bureau of Investigation (CBI) court at Ghaziabad in Uttar Pradesh sentenced Rajesh and Nupur on Tuesday in the five-and-a-half year old gruesome twin murder case.

They have been sentenced under Sec 302 of IPC, 5 years under Sec 203, 1 year for Rajesh Talwar under Sec 201. The court has also awarded the Talwars a fine of Rs 17,000.

While the CBI demanded death for Talwars,  the defence sought leniency during the arguments in the court. The CBI counsel told reporters that they had demanded maximum punishment for the Talwars. "The base of asking for a maximum punishment was that there were two murders," he said.

3.40 pm: Sentencing on Talwars to be announced at 4:30 pm

Reports say special CBI Judge Shyam Lal reserved the verdict for 4.30 p.m.

Public prosecutor RK Saini said the case comes under the "rarest of rare" category. Counsel for the Talwars sought leniency from the court. Defence lawyers argue that Talwars must be given a chance to reform, reports Times Now.

The Talwars were Monday held guilty of murdering their 14-year-old daughter Aarushi and domestic help Hemraj, 45 and from Nepal.

Both were found dead with their throats slit at the Talwar residence in Noida in May 2008.

The Talwars were in the court during the arguments on the quantum of their sentence. They insist that they are innocent.

2.45 pm: Talwars couple not accepting crime, says CBI

A CBI official told reporters that it is obvious that Talwars will not accept their crime. "No killer accepts that he killed somebody, he in fact tries to put the blame on others. The Talwar couple is doing the same," he said.

Talwars maintain that they will appeal to a higher court.

2.30 pm: CBI demands death sentence for Rajesh and Nupur Talwar

The CBI has demanded death sentence for Rajesh and Nupur Talwar keeping in mind that there were two murders involved. "Since it's the rarest of rare case, CBI has asked for maximum punishment," Naresh Yadav, lawyer, told reporters outside the court.

The court will pronounce the sentence at 3 pm today.

The arguments in the case are over and the sentencing is expected shortly.

2.00 pm: Talwars reach special CBI court

Rajesh and Nupur Talwar have reached the CBI court. Arguments on the quantum of sentence in the Aarushi Talwar case will begin shorty.

 

1.36 pm: Talwars leave for court to hear sentence

Nupur and Rajesh Talwar have both left the Dasna jail premises for the Ghaziabad court, where they will hear the quantum of sentence against them.

Given the nature of the language used by the judge in his verdict, it is highly likely that they will be handed a stiff jail sentence.

Delivering the much-awaited verdict at 3.25 pm, Special CBI Judge Shyam Lal said that both the accused (Talwars) have “flouted the ferocious penal law of the land” and therefore are liable to be convicted in the double murder case.

he parents are the best protectors of their own child that is in order of human nature but they have been freaks in the history of mankind where the father and mother became the killer of their own progeny,” the judge said in the 204-page judgment.

12.45 pm: Nupur Talwar unwell, say reports

Nupur Talwar who was convicted for the murder of her daughter Aarushi by a special CBI court in Ghaziabad, is reportedly unwell.

Doctors attending to her at a prison in Ghaziabad near Delhi say they will decide in a few hours whether she can travel to a court nearby to receive her sentence, NDTV reported.

Jail officials have been quoted as saying that both Rajesh and Nupur had kept breaking down last night, and had refused to eat anything. Shortly after the verdict, the couple released a statement in which they vowed to appeal the ruling. Lawyers have already said they plan to appeal the sentence in the Allahabad High Court.

10.35 am: Talwars to be sentenced today

Following the 'guilty' verdict delivered on Monday, both Nupur and Rajesh Talwar will return to the special CBI court in Ghaziabad to hear their quantum of punishment.

The maximum punishment in the case is death, while the dentist couple could also be sentenced to life imprisonment.

Delivering the much-awaited verdict at 3.25 pm, Special CBI Judge Shyam Lal said that both the accused (Talwars) have “flouted the ferocious penal law of the land” and therefore are liable to be convicted in the double murder case.

“Now is the time to say omega in this case. To perorate, it is proved beyond reasonable doubt that the accused are perpetrators of the crime in the question. The parents are the best protectors of their own child that is in order of human nature but they have been freaks in the history of mankind where the father and mother became the killer of their own progeny,” the judge said in a 204-page judgment.

It added: “They have extirpated their own daughter who had hardly seen 14 summers of her life and the servant without compunction from terrestrial terrain in the breach of commandment “Thou shalt not kill”. The court also quoted the holy Quran, saying, “Take not life which God had made sacred.”

-- end of updatess for 25 November --

4.54 pm: The case has been messed up, says Aarushi's friends

A friend of Aarushi Talwar, Fiza Jha today slammed the CBI court verdict saying the case had been messed up.

"I know the parents very well, I was like a second daughter.They loved her very much.Case has been messed up," Fiza told ANI.

The situation has gone from bad to worse. It will be tragic if the parents don't get justice in higher courts. I am deeply dissapointed.I know the public opinion about this but has anyone thought what if they are innocent?" Fiza said.

4.30 pm: Outraged family members say verdict was a foregone conclusion

"Why did we bother to fight a case, when the verdict was already decided?", asked another family member of the Talwars, when contacted by CNN-IBN.

"We thought CBI was an independent agency, we were clearly mistaken".

4:10 pm: Talwars family member says they are victims of extreme prejudice

A member of the Talwar family has spoken out after the verdict and said that the family was victims of extreme prejudice.

"Everyone had turned against us... What do we have on our side? Only the truth," Vandana Talwar, who is related to the Talwars said.

"There is such extreme prejudice and minds are already made up... No one wants to look at the facts and evidence in the case. They are pointing at somebody else committing the crime," she said.

The family member said that they had been pitted against the CBI and no one was willing to believe them. She questioned the reason behind a trial being held, given the prejudice against them.

"No one believes what we say because we are a family against the mighty CBI," she said.

4:00 pm: Talwars taken to Dasna jail

Here's an image of the Talwars being taken to jail that was tweeted by ANI

 

3:55 pm: Family and friends of the Talwars upset after verdict

The family and friends of the Talwars are understandably distraught over the development. Most of them refused to comment after leaving the court.

"The system is screwed up," one of the family friends said.

3:50 pm: Talwars taken away to Dasna jail

Both the Talwars have been taken from the Ghaziabad court to the Dasna jail in a police vehicle.

3:45 pm: Talwars to be taken to jail, CBI lawyer said they have done their job

Rajesh and Nupur Talwar are to be taken to the Dasna jail this evening and will be brought back tomorrow for the sentencing.

"Our main case was that as per the circumstances that no one else could have committed the murder...I have done my duty," RK Saini, the CBI counsel told reporters.

He said that at no point had the investigating agency given the Talwars a 'clean chit' and the agency did not believe that any more evidence was needed to convict the Talwars.

3:40 pm: Friends and family of the Talwars still to leave court

Firstpost's Pallavi Polanki reports that the family friends and the family members who are in the court are still to leave the court.

3:35 pm: Talwars say they are disappointed

 

3:33 pm: Talwars' lawyer says they will appeal against verdict, says she's disappointed

Rebecca John, who represented the Talwars during the course of the case, said that they were disappointed with the court's verdict.

"We are disappointed. We believe we set up a case to prove their innocence," John told CNN-IBN.

She said she would study the verdict and they would definitely be appealing against the verdict in a higher court.

3:25 pm: Talwars burst into tears on hearing verdict, taken into custody

A lawyer who was present in the court said that Rajesh and Nupur Talwar have been convicted under section 302 (murder), 201 (disappearance of evidence) of the Indian Penal Code.

"The Talwars have been taken into court's custody and the Talwars and their family members present in court burst into tears on hearing the verdict," the lawyer said.

3:20 pm: Court finds both Talwars guilty of murder

CNN-IBN reports that the special CBI court has found both Nupur and Rajesh Talwar guilty of murder in the double murder case.

The sentencing in the trial will be taking place tomorrow and the parents of the slain teenager are likely to be taken into custody and kept in jail till tomorrow.

2:55 pm: Other cases delaying the court's verdict?

CNN-IBN's Rajdeep Sardesai asks a question many of us may be thinking:

 

2:25 pm: Verdict delayed again, now to be announced at 3 pm

The CBI court has now said that the verdict will be announced only at 3 pm, said a lawyer outside the court.

Among those present in court are Nupur Talwar's parents and Rajesh Talwar's brother Dinesh and his wife Vandana. Family friends of the family were also present in the court.

2:00 pm: Talwars return to the court, verdict expected soon

A family friend of the Talwars has said that Rajesh and Nupur Talwar have headed back to the court room where the verdict is expected to come shortly.

There is a lot of excitement outside the court as media persons waited for the verdict to be announced.

Firstpost's Pallavi Polanki says that camera persons have perched on the tops of trees and tops of surrounding buildings to be able to see the courtroom in which the trial is expected to come to an end today.

 

 

1:00 pm: Talwars lawyer says they have 'fought bravely'

Speaking to Firstpost's Pallavi Polanki, defence counsel for the Talwars Satyaketu Singh said that the Talwars had "fought bravely".

Commenting on the wide range of reports in the media about the incident, he said, "It should not affect the verdict. The media coverage has largely been a selective and distorted version of the facts."

"The Talwars were soft targets," he said, while speaking about the investigation.

12:50 pm: The media scrum outside the Ghaziabad court

The intense media spotlight on the case remains bright even today and Firstpost's Naresh Sharma sent these images from the Ghaziabad court:

Aarushi case live Rajesh Nupur Talwar get life imprisonment

Aarushi case live Rajesh Nupur Talwar get life imprisonment

11:05 am: Verdict in the case could come only after lunch, says defence lawyer

The verdict in the case will come only post lunch in the afternoon session, the defence lawyers have said reports Firstpost's Pallavi Polanki.

This could mean at least two to three hours more before the verdict is received.

11:00 am: The Talwars arrive in court 

Rajesh and Nupur Talwar have arrived at the Ghaziabad court, reports Firstpost's Pallavi Polanki who is at the spot. 

The parents of the slain teenager were accompanied by Rajesh's parents and did not speak to the waiting media persons as they entered the court.

The verdict from the court can come any time now.

10:45 am: Defence lawyers arrive in court

The defence lawyers have also arrived in court. The parents of Aarushi Talwar, Rajesh and Nupur Talwar haven't arrived yet.

10:30 am: CBI team, judge arrive at Ghaziabad court

Times Now reports that the CBI team that participated in the trial has arrived a at the special court in Ghaziabad.

Special judge Shyam Lal who will be delivering his verdict has also reached the court complex.

There's no report about the whereabouts of the Talwars yet.

09:45 am: High security outside Ghaziabad court

The police are present in large numbers outside the Ghaziabad court and are reportedly prepared for any situation.

 

 

 

09:30 am: Large number of mediapersons outside the Talwars home

CNN-IBN reports that a large number of media persons are present outside the Talwars' residence in Hauz Khas and there is no sign of them just yet.

They are expected to leave soon for the Ghaziabad court where the verdict is expected to be pronounced.

08: 30 am: All the twists and turns in the Aarushi case so far

Can't recall all the twists and turns in the murder case since 2008? Here's a video that chronicles the entire list of them:

07:30 am: Almost five years after murder, verdict expected today

Almost five years after the sensational murder of teenager Aarushi Talwar and domestic help Hemraj, a special CBI court will today pronounce its verdict on whether it finds dentist couple Nupur and Rajesh Talwar guilty of murder and destruction of evidence .

Special Judge S Lal, who is retiring soon, will give his decision, following the 15-month-long trial of dentist couple Rajesh and Nupur Talwar, both out on bail at present, on charges of murder and destruction of evidence in the killing of their 14-year-old daughter and servant, on the intervening night of 15 -16 May 2008 at their Jalvayu Vihar residence in Noida.

The Uttar Pradesh Police started its probe on the premise that Hemraj had killed Aarushi and escaped from the crime scene. But following the discovery of Hemraj’s body on the terrace of the Talwars’ flat the next day, Rajesh Talwar was taken into custody by the UP Police.

Aarushi case live Rajesh Nupur Talwar get life imprisonment

Day of judgement for the Talwars. Image courtesy: Ibnlive

The sensational allegations made by the UP Police that the killer was none other than the teenager’s father, acting in rage after finding Aarushi and Hemraj in an “objectionable but not compromising” position accentuated media attention. Amid growing media scrutiny, then UP Chief Minister Mayawati handed over the case to CBI.

The trial in the sensational murders started on 11 June, 2012. The case went on for nearly one and a half years, during which the prosecution led by CBI’s Deputy Legal Advisor RK Saini presented 39 witnesses to buttress their case while the defence team presented seven witnesses.

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